Everist v. Czerniak
Everist v. Czerniak
Opinion of the Court
MEMORANDUM
Petitioner Stanley Everist appeals the district court’s denial of his petition for habeas corpus, alleging violations of his rights under the Ex Post Facto Clause. He contends that the Oregon courts unreasonably applied federal law in refusing to find that the Oregon State Board of Parole and Postr-Prison Supervision (“Board”) postponed his parole release date pursuant to a statute enacted after the commission of his crimes. We affirm.
To succeed on an Ex Post Facto claim, a petitioner must show that the state courts’ decisions were unreasonable applications of the two-step test laid out by the Supreme Court. Application of a law will not violate the Ex Post Facto Clause unless it is 1) retroactive, “apply[ing] to events occurring before its enactment,” Weaver v. Graham, 450 U.S. 24, 29, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981); and 2) detrimental, “producing] a sufficient risk of increasing the measure of punishment attached to the covered crimes.” Calif. Dep’t of Corr. v. Morales, 514 U.S. 499, 509, 115 S.Ct. 1597, 131 L.Ed.2d 588 (1995).
The Board did not retroactively apply a later-enacted statute, and the Oregon court’s rejection of Everist’s state habeas petition was not an unreasonable application of federal law. The denial of Everist’s federal petition for habeas corpus is
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.