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High court hears ex post facto sentencing case (access required)

POSTED: Wednesday, February 27th, 2013 at 12:40 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

At oral arguments Tuesday, the justices of the U.S. Supreme Court questioned whether a sentence imposed according to the U.S. Sentencing Guidelines in place at the time of sentencing, which was harsher than the sentence that would have been imposed under guidelines at the time of the crime, violated the Constitution’s Ex Post Facto Clause.

Criminal Procedure — ineffective assistance — ex post facto clause (access required)

POSTED: Tuesday, July 17th, 2012 at 12:39 pm

BY: WISCONSIN LAW JOURNAL STAFF

2011AP1434, 2011AP1435, 2011AP1436, 2011AP1437, 2011AP1438 State v. Taylor

Criminal Procedure — ex post facto clause (access required)

POSTED: Tuesday, November 8th, 2011 at 12:37 pm

BY: WISCONSIN LAW JOURNAL STAFF

2011AP311, 2011AP312 State v. Simpson

10-1786 U.S. v. Leach (access required)

POSTED: Tuesday, May 3rd, 2011 at 12:46 pm

BY: WISCONSIN LAW JOURNAL STAFF

Criminal Procedure Ex Post Facto Clause; SORNA The Sex Offender Registration and Notification Act does not violate the Ex Post Facto Clause. “To violate the Ex Post Facto Clause, moreover, a law must be both retrospective and penal. But whether a comprehensive registration regime targeting only sex offenders is penal, as Leach concedes, is not [...]

10-1917 Alvarado-Fonseca v. Holder (access required)

POSTED: Thursday, January 6th, 2011 at 3:01 pm

BY: WISCONSIN LAW JOURNAL STAFF

Immigration Ex post facto clause Retroactive application of criteria for deportation does not violate the ex post facto clause. “In Padilla, the Court held that counsel for an alien charged with a crime has a constitutional obligation to tell the client that a guilty plea carries a risk of deportation. Id. at 1486. In reaching [...]

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