Myers v. Ridge, 712 A.2d 791 (Pa. Commw. Ct. 1998)

Cases | Myers v. Ridge, 712 A.2d 791 (Pa. Commw. Ct. 1998) | 2018

The defendant was convicted of third-degree murder and sentenced to a term of 10 to 20 years. On three occasions after he had served his minimum sentence, the defendant applied for parole. The applications were reviewed and denied by the Pennsylvania Board of Probation and Parole (Board). Thereafter, the defendant filed a petition for review, arguing, among other things, that a 1986 amendment to the Parole Act allowing victims or their families to voice their objections to the granting of an application for parole violated the ex post facto clause. The court sustained the preliminary objections of the Governor of Pennsylvania, the Board, and the Commissioner of Corrections, finding that the amendment to the Parole Act did not alter any of the defendant’s substantial rights. The court concluded that the amendment merely altered parole procedures by requiring the Board to notify the crime victim of a prisoner’s scheduled parole hearing, and permitting the victim or his/her family the opportunity to voice any objections to a prisoner’s release. Since this did not violate the ex post facto clause, the court sustained the preliminary objections to the defendant’s ex post facto claims.