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Criminal Law

: Tenth Circuit Blog

Prisoner Entitled to Hearing on Application of Revised Good Time Policy

By Shari Allison

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Henderson v. Sirmons, 2008 WL 2791911 (10th Cir. 7/21/08) (unpub'd) - because the record is unclear re: how corrections officials applied good time policy revisions to pro se inmate here, district court erred in denying his ex post facto claim without an evidentiary hearing. The policies at issue were subject to the ex post facto prohibition in light of their lengthening of prisoners' incarceration and their enactment at the directive of the Oklahoma legislature, which rendered them "legislative in nature."

Full post as published by Tenth Circuit Blog on July 28, 2008 (boomark / email).

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