Edmund William Lincoln, II v. Pennsylvania Parole Board

Summary

The Commonwealth Court of Pennsylvania held that the Pennsylvania Parole Board violated Edmund William Lincoln II's constitutional protections against ex post facto laws by retroactively forfeiting 243 days of parole liberty credit previously awarded when he was recommitted as a technical parole violator. The court reversed the Board's determination and remanded with directions to reinstate the 243 days of credit and adjust Lincoln's maximum sentence date. The decision addresses the 2021 amendment to the Pennsylvania Parole Code and its application to previously awarded parole credit.

Holdings

1. The Board violated the ex post facto clauses by applying the 2021 amendments to forfeit 243 days of parole liberty credit that had been awarded before the amendments, because the retrospective forfeiture disadvantaged Lincoln by increasing his punishment and extending his parole violation maximum date.

Questions Presented

1. Whether application of 61 Pa. C.S. § 6138(c)(2) to forfeit 243 days of parole liberty credit previously awarded before the 2021 amendment violated the ex post facto clauses of the United States and Pennsylvania Constitutions.

Disposition

reversed_and_remanded