Forbis
Forbis v. Washington
Opinion
Lead Opinion
MEMORANDUM **
Steven A. Forbis, a Washington state prisoner who in 1988 began serving a 320 month sentence for first degree murder, appeals from the district court’s denial of his habeas corpus petition. We consider on appeal whether the state violated the ex post facto clause of the Constitution by applying to Forbis a policy of the Department of Corrections (“Department”) requiring Forbis to participate in stress and anger management classes or face the loss of early release and good conduct credits.
We have jurisdiction under 28 U.S.C. § 2253 , and we review de novo the district court’s denial of the habeas petition. See Williams v. Roe, 421 F.3d 883, 885 (9th Cir.2005). The Antiterrorism and Effective Death Penalty Act applies to Forbis’s federal petition, limiting our review to *688 whether the state supreme court’s decision was contrary to, or an unreasonable application of, clearly established law as determined by the Supreme Court. See id.; 28 U.S.C. § 2254 (d)(1). In ex post facto analysis as in habeas review, we accept the meaning ascribed to state statutes by the highest court of the state. See Brown v. Palmateer, 379 F.3d 1089, 1093 (9th Cir. 2004).