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Article • March 15, 2021 • from CLN April, 2021
Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that applying a harsher version of the state’s sexually violent predator law (“SVP”) retroactively to criminal conduct that occurred prior to that newer …
Article • November 15, 2020 • from CLN December, 2020
Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant by Anthony Accurso by Anthony Accurso In a decision issued August. 13, 2020, the Maine Supreme Judicial Court held that the Sex Offender Registration and Notification Act of 1999 (“SORNA of 1999”) was unconstitutionally applied to a defendant in …
Is Solitary Confinement a Punishment?, Northwestern University Law Review, 2020 ROUGH DRAFT IS SOLITARY CONFINEMENT A PUNISHMENT? John F. Stinneford Nulla poena sine lege—no punishment without law—is one of the oldest and most universally accepted principles of English and American law. 1 Today, thousands of American prisoners are placed in …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Ex Post Facto
First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a district court violated the Ex Post Facto Clause when it applied the 2016 Guidelines Sentencing …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Ex Post Facto
9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a sentence under 18 U.S.C. § 3583(k) for revocation of a term of …
Article • September 20, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that a 2014 amendment to the Violent Predator Incapacitation Act (“VPIA”), part of Megan’s Law, which applied to defendants who had violated …
Article • July 20, 2018 • from CLN August, 2018
Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’ by Dale Chappell by Dale Chappell Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison. When …
Article • June 16, 2018 • from CLN July, 2018
S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC by Dale Chappell by Dale Chappell The Supreme Court of South Carolina found that counsel’s advice to a defendant to take a plea deal to avoid the State’s threat …
Publication • 2018
Wrong Turn on the Ex Post Facto Clause, Paul Reingold and Kimberly Thomas, University of Michigan Law, 2018 PUBLIC LAW AND LEGAL THEORY RESEARCH PAPER SERIES PAPER NO. 590 FEBRUARY 2018 WRONG TURN ON THE EX POST FACTO CLAUSE PAUL D. REINGOLD & KIMBERLY THOMAS CALIFORNIA LAW REVIEW, VOL. 106, …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …