Ex Post Facto

Name: People v. Coulthard (2023) 90 Cal.App.5th 743
Case #: H049755
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/30/2023
Subsequent History: Ordered published 04/19/2023
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Crimes, Due Process, Elements of Crimes, Ex Post Facto, Legislation, Present a Defense, Statutory Construction, Supremacy Clause

To convict defendant of child abduction, the prosecution was not required to prove that the foreign court order or child custody order used to prove defendant’s guilt had previously been registered in California. Defendant’s daughter, M.C., lived with her mother…

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Name: Kernan v. Hinojosa
Case #: 15-833
Court: US Supreme Court
District USSup
Opinion Date: 05/16/2016
Subsequent History: 136 S.Ct. 1603
  • Categories: Appeals, Areas Constitutional Law, Ex Post Facto, Review Principles

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
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/22/2016
  • Categories: Areas Constitutional Law, Ex Post Facto, Parole, Probation / Parole / PRCS

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
Court: CA Court of Appeal
District 2 DCA
Division: 3
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

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
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/02/2015
  • Categories: Areas Constitutional Law, Ex Post Facto, Extraordinary Remedies, Habeas Corpus (Federal)

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
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/14/2014
  • Categories: Areas Constitutional Law, Civil Commitments, Due Process, Equal Protection, Ex Post Facto, Restitution, Sentencing, SVP

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
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/09/2014
Subsequent History: Review granted 7/30/2014: S218503
  • Categories: Areas Constitutional Law, Ex Post Facto, Prop 36 - Three Strikes, Sentencing

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
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 03/20/2014
  • Categories: Areas Constitutional Law, Custody, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities), Ex Post Facto

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
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/29/2013
  • Categories: Areas Constitutional Law, Ex Post Facto, Parole, Probation / Parole / PRCS

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
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/29/2013
  • Categories: Areas Constitutional Law, Delinquency (602), Disposition Placement (other than DJF), Equal Protection, Ex Post Facto

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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