U.S. appeals court: parole- due process parole- granting ex post facto.

• Position: Release

Mickens-Thomas v. Vaughn, 355 F.3d 294 (3rd Cir. 2004). After remand from the appeals court, a district court denied a prisoner's petition for habeas corpus relief and the prisoner appealed. The appeals court vacated and remanded. The appeals court held that a parole board's use of known but hitherto uncounted historical factors in denying the prisoner's parole application, after the prisoner brought legal actions challenging the board, created a sufficient appearance of vindictiveness to justify voiding any...