HOLMES v. CHRISTIE

No. 19-1089.

14 F.4th 250 (2021)

Wilfred Lee HOLMES, Appellant v. N.J. Gov. Christopher J. CHRISTIE, both individually and in his official capacity as the Governor of the State of New Jersey; David W. Thomas, both individually and in his official capacity as the executive director of the N.J. State Parole Board; James T. Plousis, both individually and in his official capacity as chairman of the N.J. State Parole Board; Samuel Plumeri, Jr., both individually and in his official capacity as vice-chairman of the N.J. State Parole Board; Stuart Rabner, both individually and in his official capacity as the chief justice of the Supreme Court; Carmen Messano, both individually and in her official capacity as the acting presiding judge for the administration for the Superior Court of New Jersey, Appellate Division; Margaret M. Hayden; John R. Tassini, both individually and in their official capacities as judges of the Superior Court, Appellate Division.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 22, 2021.


Attorney(s) appearing for the Case

Julie Michalski , Steptoe & Johnson, 227 West Monroe Street, Suite 4700, Chicago, IL 60606, Steven Reed , Jessica I. Rothschild , Mark C. Savignac [Argued], Steptoe & Johnson, 1330 Connecticut Avenue, N.W., Washington, DC 20036, Pro Bono Counsel for Appellant.

Deborah A. Hay [Argued], Christopher C. Josephson , Office of the Attorney General of New Jersey, 25 Market Street, Richard J. Hughes Justice Complex, 8th Floor, West Wing, Trenton, NJ 08625, Counsel for Appellees.

Before: KRAUSE, PHIPPS, and FUENTES, Circuit Judges.


OPINION OF THE COURT

The Ex Post Facto Clause prevents the government from increasing a prisoner's punishment retroactively. This case requires us to decide whether the Clause permits New Jersey to retroactively enforce certain parole rules. To answer that question, we look to the rules' "practical effect" on each...

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