Opinion

Dotson v. Collins

  • 317 F. App'x 439
Court
Court of Appeals for the Sixth Circuit
Filed
Jan 15, 2008
Status
Unpublished
Author
Merritt
On the bench
Merritt, Cole, Griffin
Cited by
1 cases
Authority
More cited than 11.9%

The opinion

MERRITT, Circuit Judge,

concurring.

I concur in Judge Cole’s opinion. In essence, we are simply following the Supreme Court’s ex post facto opinion in Garner v. Jones, 529 U.S. 244, 250 , 120 S.Ct. 1362 , 146 L.Ed.2d 236 (2000), holding that a prisoner must allege and then show that a new state law creates a substantial “risk” of increasing the time the prisoner must serve. The prisoner has clearly so alleged in this case in his complaint and in his objections to the magistrate’s repox-t. The District Coux-t exToneously dismissed the claim under Rule 12(b)(6). The prisoner should now have an opportunity to prove his claim in accordance with standard trial procedures.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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