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WION v. QUARTERMAN

No. 07-50580.

567 F.3d 146 (2009)

Barry Michael WION, Petitioner-Appellee-Cross-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 2009.

Attorney(s) appearing for the Case

Evers Jason Leach (argued), (Court-Appointed), Law Offices of E. Jason Leach, Odessa, TX, for Wion.

Gretchen Berumen Merenda, Asst. Atty. Gen. (argued), Postconviction Lit. Div., Austin, TX, for Quarterman.

Before SMITH and SOUTHWICK, Circuit Judges, and ENGELHARDT, District Judge.

JERRY E. SMITH, Circuit Judge:

I.

Barry Wion is a Texas prisoner. At his first parole hearing, on August 26, 2004, the Texas Board of Pardons and Paroles ("the Board") denied parole under a new procedure created by Senate Bill 45, codified as TEX. GOV'T CODE § 508.046 (Vernon 2004), after the time of his conviction.

Wion contends that applying the new procedure violates the Ex Post Facto Clause of the United States Constitution, Article I, section...

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