Gerhardstein & Branch Co. LPA Gerhardstein & Branch Co. LPA

Old Law Inmates Challenge Parole Board

Federal Judge Solomon Oliver has appointed Attorneys Al Gerhardstein and Andrea Reino to represent a potential class of “old law” inmates.  These are offenders sentenced before the effective date of Senate Bill 2, July 1, 1996.  The old law inmates claim that the parole board changes its guidelines and in effect lengthened their sentences in violation of the Ex Post Facto Clause of the U.S. Constitution.  On April 10, 2010,  The Parole Board withdrew its current guidelines and then filed a motion to dismiss the lawsuit claiming it is moot.  We have filed a memo saying that the practices causing unfair longer sentences endure and the case is not moot.  No rulings on the merits have been made.  If the court agrees that the case is not moot we will then enter the discovery period when we gather all of the relevant facts in preparation for trial.  Inmates need not do anything to benefit from this case.  If the court grants our motion to certify the class, the inmates affected will be automatically in the class.  For more information, please see our Frequently Asked Questions Page.  Relevant Pleadings can be viewed Here.