Wishteyah v. Kansas Parole Board

Pierron, J.:

Francis Wishteyah (petitioner-appellant) appeals the dismissal of his petition for a writ of habeas corpus, which he filed pursuant to K.S.A. 60-1501. Wishteyah contends the Kansas Parole Board’s implementation, subsequent to his conviction and incarceration, of conditional release policies constitutes a violation of the -ex post facto clause of Article I, Section 10 of the United States Constitution.

The facts are not in dispute and will be briefly summarized here.

In 1975, Wishteyah was convicted of aggravated battery and burglary. He was sentenced to a controlling term of 8 to 30…