Ex Post Facto Archives

Categories: Appeals, Areas Constitutional Law, Ex Post Facto, Review Principles

Summary

Where the last reasoned opinion in state habeas proceedings explicitly imposes a procedural default on a claim, the presumption that a later decision rejecting the claim did not consider the claim on the merits is rebutted when the later decision…

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Name: Gilman v. Brown

Case #: 14-15613

Opinion Date: 02/22/2016

Categories: Areas Constitutional Law, Ex Post Facto, Parole, Probation / Parole / PRCS

Summary

Propositions 9 and 89, which deal with parole for convicted murderers, do not violate the ex post facto clause because they do not pose a significant risk of lengthening sentences. California inmates convicted of murder sued California under 42 U.S.C.…

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Name: People v. Valenti

Case #: B255727

Opinion Date: 01/14/2016

Categories: All Other Crimes, Areas Constitutional Law, By CALCRIM Number, Crimes, Evidence, Ex Post Facto, Insufficiency/Sufficiency of, Jury Instructions, Presentation of Evidence, Trial Proceedings

Summary

The ex post facto clauses prohibit imposition of One Strike sentences (Pen. Code, § 667.61) for continuous sexual abuse of children (Pen. Code, § 288.5) that occurred entirely before 2006. A jury convicted defendant of a number of offenses arising…

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Name: Hinojosa v. Davey

Case #: 13-56012

Opinion Date: 06/02/2015

Categories: Areas Constitutional Law, Ex Post Facto, Extraordinary Remedies, Habeas Corpus (Federal)

Summary

Application of no-conduct credit provisions of amended Penal Code section 2933.6 to a prisoner whose commitment offense predates the amendment violates the ex post facto clause. In 2003, appellant pled guilty to robbery, gun use, and participation in a street…

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Name: Litmon v. Harris

Case #: 12-15261

Opinion Date: 10/14/2014

Categories: Areas Constitutional Law, Civil Commitments, Due Process, Equal Protection, Ex Post Facto, Restitution, Sentencing, SVP

Summary

Requiring sexually violent predators to register in person every 90 days does not violate constitutional protections. In 2008, Litmon was released from treatment after having been adjudicated a sexually violent predator (SVP). Pursuant to Penal Code section 290.012, subdivision (b),…

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Name: Braziel v. Superior Court

Case #: B249830

Opinion Date: 04/09/2014

Categories: Areas Constitutional Law, Ex Post Facto, Prop 36 - Three Strikes, Sentencing

Summary

Under Proposition 36, in considering whether the defendant's current offense is serious or violent, the court should consider the nature of the offense under current law. In 1999, Braziel was convicted of assault by force likely to inflict great bodily…

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Name: In re K.J.

Case #: A137787

Opinion Date: 03/20/2014

Categories: Areas Constitutional Law, Custody, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities), Ex Post Facto

Summary

Minor may be placed in the Division of Juvenile Facilities (DJF) based on amendment to Welfare and Institutions Code that occurred after he became a ward. In August 2008, the 12-year-old minor admitted molesting his younger brother (Pen. Code, §…

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Name: Biggs v. Sect. of the Cal. Dept. Corrections

Case #: 11-18021

Opinion Date: 05/29/2013

Categories: Areas Constitutional Law, Ex Post Facto, Parole, Probation / Parole / PRCS

Summary

Retroactive application of amendment to California Constitution, which gives the Governor authority to review parole board decisions, does not violate ex post facto clause of the U.S. Constitution. After Biggs was convicted of murder and sentenced to 25 years to…

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Name: In re Robert M.

Case #: F064841

Opinion Date: 04/29/2013

Categories: Areas Constitutional Law, Delinquency (602), Disposition Placement (other than DJF), Equal Protection, Ex Post Facto

Summary

Housing of minor at the Division of Juvenile Facilities (DJF) following enactment of Welfare and Institutions Code section 1752.16 is permissible and does not violate either ex post facto or equal protection considerations. Minor entered no contest admissions to a…

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Name: People v. McDonald

Case #: G044963

Opinion Date: 03/28/2013

Categories: Areas Constitutional Law, Civil Commitments, Cruel and Unusual Punishment, Double Jeopardy, Equal Protection, Ex Post Facto, Legislation, Sentencing, Statutory Construction, SVP

Summary

Sexually Violent Predator Act (SVPA) does not violate equal protection by providing for indeterminate commitment and by placing burden on defendant to obtain release. Defendant had been the subject of numerous two-year SVP petitions since 1999. Based on a petition…

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