United States Third Circuit

In a case challenging 1997 amendments to the Pennsylvania Constitution, which changed the composition of the Pennsylvania Board of Pardons and the voting requirements for obtaining a pardon or commutation of sentence from a majority vote of the Board to a unanimous vote, a ruling at summary judgment finding that the amendments violated the Ex Post Facto Clause as to certain prisoners but not others, is vacated as the district court may not have had jurisdiction to decide the merits of the complaint due to plaintiffs' lack of standing.

Appellate Information

• Decided 11/05/2007
• Published 11/05/2007

Judges

• Before:  SLOVITER, SMITH and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Stephen A. Whinston(Argued), Rebecca M. Hamburg, Berger & Montague, P.C., Philadelphia, PA, for Appellants/Cross-Appellees., Amy Zapp(Argued), Office of Attorney General, Harrisburg, PA, for Appellees/Cross-Appellant.