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Vermont Parole Law Change Violates Ex Post Facto Clause
Loaded on July 15, 2011
published in Prison Legal News
July, 2011, page 28
On November 2, 2010, a Vermont state court held that changes to Vermont’s parole laws requiring certain prisoners to serve 70% of their maximum sentences violate the Ex Post Facto Clause of the U.S. Constitution when applied to prisoners whose crimes occurred prior to the law’s enactment.In 2009, the …
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More from this issue:
- U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction, by John Dannenberg
- California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend, by Michael Brodheim
- $5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction
- Deaths of Three North Carolina Prisoners Raise Suspicions, by Matthew Clarke
- From the Editor, by Paul Wright
- Washington DOC Agrees to Change Sexual Abuse Policies, by David Reutter
- San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling, by Michael Brodheim
- Why I Care About Prisoner Rights, by David Hudson
- Low Rates in Michigan DOC Phone Contract Demonstrate Actual Cost of Prison Phone Services, by Alex Friedmann
- Paroled Killers Rarely Re-Offend, by Michael Brodheim
- Anti-Private Prison Group Rips Revolving Door for Federal Employees After CCA Hires Former BOP Director
- Ninth Circuit: Prison Visitation Privileges May be Temporarily Restricted for Legitimate Penological Reasons
- New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment, by Mark Wilson
- State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts, by Matthew Clarke
- The Incredible Honey Bun Behind Bars, by David Reutter
- Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions
- Former Virginia Beach Sheriff Received Insider Information on Jail Contract, by Matthew Clarke
- Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive, by Matthew Clarke
- California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard, by Michael Brodheim
- Vermont Parole Law Change Violates Ex Post Facto Clause
- Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand, by Mark Wilson
- Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit
- Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims, by Matthew Clarke
- Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge
- Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted, by Michael Brodheim
- Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees
- Six New Jersey Jail Guards Arrested for Assaulting Prisoners
- Washington: Eye Gouging Assault Severely Injures Airway Heights Prisoner, by Derek Gilna
- Inmate Accident Compensation Act Does Not Preclude Bivens Remedy
- Deficient Medical Care Leads to Preventable Death of Seattle, Washington Jail Prisoner
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- U.S. Department of Justice Report Puts Price Tag on Preventing Prison Rape, by Matthew Clarke
- Georgia: Child Support Contempt Findings Create Debtor’s Prisons, by David Reutter
- Pennsylvania DOC Agrees to Comply with Clean Air Act at Four Prisons, by David Reutter
- Former Deputy Sheriff Gets LWOP for Murder of California Prison Guard
- $16 Million Federal Jury Award in Texas Jail Beating Suit, by Matthew Clarke
- Florida Pre-Release Officer’s Federal Convictions Affirmed
- Baltimore Jail’s Warden, Seven Guards Suspended Pending Excessive Force Investigation
- Seventh Circuit Finds Appeal is Timely Despite E-Filing Error
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- New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody
- Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals
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- Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account
- Queer (In)justice: The Criminalization of LGBT People in the United States, by Joey L. Mogul, Andrea J. Ritchie and Kay Whitlock (Beacon Press, Feb. 2011), 216 pages, $27.95, by Daniel R. Schaffer
- “America’s Sheriff” Begins Serving Federal Prison Sentence
- News In Brief
More from these topics:
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Colorado Law Intended to Reduce Prison Population Hasn’t Improved Conditions, March 1, 2026. Overcrowding, Parole, halfway houses, Reduction of Prison Population.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- North Carolina Parole Commission Agrees to Stop “Moving Goalposts” for Prisoners Who Committed Crime as Juveniles, Feb. 1, 2026. Parole Board Misconduct, Rehabilitation/Recidivism, Parole, Juvenile Offenses/Offenders, Cruel and Unusual Punishment.
- SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections, Feb. 1, 2026. Ex Post Facto, Restitution, Constitution, U.S., Statutory Construction/Interpretation.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.

