No. 23-5531

Shawn Andrew Crabtree v. Oregon Board of Parole and Post-Prison Supervision

Lower Court: Oregon
Docketed: 2023-09-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process ex-post-facto oregon-board-of-parole parole retroactive-laws sentencing
Key Terms:
Environmental Securities Immigration
Latest Conference: 2023-10-06
Question Presented (from Petition)

1. Is the Ex Post Facto Clause of Article 6 of the United States Constitution violated when prison officials take away a determinate release date imposed by a court in 1996 and exchange it with an indeterminate release date based on retroactive laws enacted in 1999?

2. When 1999 laws were applied to petitioner's 1996 conviction to deny him parole for two years in 2021, and perhaps indefinitely, was the Oregon Board of Parole required to adhere to Himes v. Thompson, 336 F.3d 848 (9th Cir. 2003)(holding that the Oregon Board of Parole violated the Ex Post Facto Clause by applying 1994 laws to a prisoner's 1978 conviction)?

Question Presented (AI Summary)

Is the Ex Post Facto Clause violated when prison officials take away a determinate release date and exchange it with an indeterminate release date based on retroactive laws?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-09-14
Waiver of right of respondent Oregon Board of Parole to respond filed.
2023-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2023)

Attorneys

Oregon Board of Parole
Benjamin Noah GutmanOregon Department of Justice, Respondent
Shawn A. Crabtree
Shawn Andrew Crabtree — Petitioner