Federal Court Issues Order Prohibiting California from Applying Propositions 9 and 89 to Some Lifers (But Order is Stayed Pending Appeal)

March, 2014

A federal court has held that California Propositions 9 and 89 unlawfully increase punishment for life prisoners who committed their crimes before the effective dates of those propositions. For lifers whose crimes were committed prior to November 4, 2008, the court’s order would forbid the Board of Parole Hearings from applying a Proposition 9 provision that increases the length of time between hearings. The order also would forbid the Governor from using his Proposition 89 review authority to increase the time served by lifers whose crimes were committed prior to November 8, 1988. The order currently stayed while the state is pursing an appeal. Read the Gilman v. Brown Order.

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