U.S. Supreme Court: PAROLE-POLICIES EX POST FACTO.

Garner v. Jones 120 S.Ct. 1362 (2000). An inmate challenged the constitutionality of the scheduling of his parole hearings. The district court dismissed the case as frivolous but the appeals court reversed in part and remanded. On remand, the district court granted summary judgment against the inmate. The appeals court reversed and remanded and the United States Supreme Court granted certiorari. The Supreme Court reversed and remanded the appeals court decision. The Supreme Court ruled that the retroactive application of an amended state rule which changed the frequency of required parole reconsideration hearings for inmates serving life sentences from every three years to every eight years did not necessarily violate the Ex Post Facto Clause because a significant risk of prolonging the prisoner's incarceration was not inherent in the framework of the rule. The Court noted that under Georgia law a prisoner could only challenge denial of parole in state court if there is a showing of a "gross abuse of discreti on" in determining if a prisoner should receive an early release. (State Board of Pardons and Paroles of Georgia)