State’s slashing of early release options violated ex post facto law prohibition
Prohibitions against ex post facto laws are supposed to protect defendants from changes in the laws that increase punishment after a crime has been committed or sentencing has occurred, according to pro se defendant Aman D. Singh.
BLAWG LOG: O’Hear on guidelines amendments trigger Ex Post Facto protections
So just how advisory are the “advisory” federal sentencing guidelines?
Harsher sentencing guidelines violate Ex Post Facto Clause
Sentencing a criminal defendant under later guidelines that provide for a higher sentence than those in effect at the time the crimes were committed violates the Ex Post Facto Clause, the U.S. Supreme Court has ruled in a 5-4 decision.
High court hears ex post facto sentencing case
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
2011AP1434, 2011AP1435, 2011AP1436, 2011AP1437, 2011AP1438 State v. Taylor
10-1786 U.S. v. Leach
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
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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