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LERNER v. GILL

No. 84-1136.

751 F.2d 450 (1985)

Maurice R. LERNER, Plaintiff, Appellee, v. Matthew GILL, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 4, 1985.

Attorney(s) appearing for the Case

Dennis J. Roberts, II, Atty. Gen., Providence, R.I., with whom Sharon O'Keefe, Sp. Asst. Atty. Gen., Chief, Appellate Div., Providence, R.I., was on brief, for defendants, appellants.

Robert M. Bonin, Boston, Mass., with whom Bonin & Zalcman, Boston, Mass., was on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and SELYA, District Judge.

LEVIN H. CAMPBELL, Chief Judge.

The State of Rhode Island appeals from a judgment of the United States District Court for the District of Rhode Island overturning as an ex post facto law the state's denial of parole eligibility to petitioner Maurice Lerner. We reverse.

On April 20, 1968, Maurice Lerner murdered two men in Rhode Island with a shotgun, apparently in fulfillment of a mobster "contract." The particulars...

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