United States Third Circuit

In plaintiffs' constitutional challenge to a 1997 amendment to Article IV, section 9(a) of the Constitution of the Commonwealth of Pennsylvania, that alters the voting procedures employed by the Pennsylvania Board of Pardons to require unanimity in recommending pardons and commutations for life-sentenced prisoners to the Governor, district court's judgment that the constitutional amendment violates the Ex Post Facto Clause for prisoners sentenced to a term of life imprisonment prior to its effective date is reversed and remanded as, the 1997 amendment presents no viable ex post facto claim because it only concerns a change in the voting procedures employed by the Board of Pardons, a change that does not affect the prisoners' substantial rights and thus one that is "too slight" to bring it within the scope of the Ex Post Facto Clause.

Appellate Information

• Argued 04/19/2010
• Decided 10/01/2010
• Published 10/01/2010

Judges

• ALARCÓN

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Corbbett, Jr., Stephen A. Whintson