No. 22-5747

Demmerick Eric Brown v. Karen D. Brown, et al.

Lower Court: Fourth Circuit
Docketed: 2022-10-04
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: ex-post-facto good-time-credit good-time-credits mandatory-parole parole parole-board-policy retroactive-application retroactive-punishment sentencing-modification
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-01-13 (distributed 2 times)
Question Presented (AI Summary)

Whether retroactive application of a parole board policy to revoke the good time credits of a parolee violates the Ex Post Facto Clause

Question Presented (from Petition)

QUESTION PRESENTED Petitioner committed several offenses in the 1980s. He received lengthy consecutive sentences, began serving them, and earned credit for good behavior. In 1994, the state legislature amended the applicable statute to allow the parole board to revoke the good time credit of mandatory parolees who violated parole. In 1995, the parole board adopted a policy requiring such revocation. Petitioner received mandatory parole in 2013 and later violated parole. Under the 1995 policy, more than twenty-three years of good time credit he earned while serving the sentences imposed in the 1980s was retroactively revoked and added to his sentence. The question presented is whether retroactive application of a parole board policy to revoke the good time credits of a parolee violates the Ex Post Facto Clause.

Docket Entries

2023-01-17
Petition DENIED.
2022-12-29
DISTRIBUTED for Conference of 1/13/2023.
2022-12-20
2022-12-16
2022-10-19
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2022.
2022-10-18
Motion to extend the time to file a response from November 16, 2022 to December 16, 2022, submitted to The Clerk.
2022-10-17
Response Requested. (Due November 16, 2022)
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-10-05
Waiver of right of respondent Karen Brown, et al. to respond filed.
2022-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2022)
2022-08-03
Application (22A86) granted by The Chief Justice extending the time to file until September 29, 2022.
2022-07-27
Application (22A86) to extend the time to file a petition for a writ of certiorari from August 15, 2022 to September 29, 2022, submitted to The Chief Justice.

Attorneys

Demmerick Brown
John J. KorzenWake Forest Law School Appellate Advocacy Clinic, Petitioner
John J. KorzenWake Forest Law School Appellate Advocacy Clinic, Petitioner
Karen Brown, et al.
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Andrew Nathan FergusonOffice of the Attorney General, Respondent