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Ex post facto clause

Apr 22, 2014

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.

Jun 11, 2013

BLAWG LOG: O’Hear on guidelines amendments trigger Ex Post Facto protections

So just how advisory are the “advisory” federal sentencing guidelines?

Jun 11, 2013

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.

Feb 27, 2013

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.

Jul 17, 2012

Criminal Procedure — ineffective assistance — ex post facto clause

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

Nov 8, 2011

Criminal Procedure — ex post facto clause

2011AP311, 2011AP312 State v. Simpson

May 3, 2011

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 […]

Jan 6, 2011

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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