GARNER v. JONES

No. 99-137.

529 U.S. 244 (2000)

GARNER, FORMER CHAIRMAN OF THE STATE BOARD OF PARDONS AND PAROLES OF GEORGIA, et al. v. JONES

United States Supreme Court.

Decided March 28, 2000.


Attorney(s) appearing for the Case

Christopher S. Brasher, Senior Assistant Attorney General of Georgia, argued the cause for petitioners. With him on the briefs were Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, and Jacqueline F. Bunn, Assistant Attorney General.

Elizabeth Thompson Kertscher argued the cause for respondent. With her on the brief were William V. Custer and LeeAnn Jones.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Thomas, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in part in the judgment, p. 257. Souter, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, p. 260.


Justice Kennedy, delivered the opinion of the Court.

We granted certiorari to decide whether the retroactive application of a Georgia law permitting the extension of intervals between parole considerations violates the Ex Post Facto Clause. The Court of Appeals found that retroactive application of the change in the law was necessarily an ex post facto violation. In disagreement with that determination, we reverse its judgment and remand for further...

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