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POWELL v. DUCHARME

No. 92-35427.

998 F.2d 710 (1993)

Robert Patrick POWELL, Petitioner-Appellee, v. Kenneth DUCHARME, Superintendent, Washington State Reformatory, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1993.

Attorney(s) appearing for the Case

Thornton Wilson, Asst. Atty. Gen., Olympia, WA, for respondent-appellant.

John Midgley, Evergreen Legal Services, Seattle, WA, for petitioner-appellee.

Before: WRIGHT, HUG, and POOLE, Circuit Judges.

HUG, Circuit Judge:

This case involves the issue of whether the State of Washington's retroactive application of a law authorizing the Indeterminate Sentence Review Board to set minimum terms of incarceration for inmates serving mandatory life sentences is a violation of the Ex Post Facto Clause of the United States Constitution.

I.

In 1975, Robert Patrick Powell was convicted in the State of Washington for first degree murder. Following a jury trial...

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