The constitutional prohibition against ex post facto laws does not apply to changes in modes of procedure that do not affect matters of substance.
Defendants indicted for embezzlement challenged a state statute that amended the rules for separate trials after their offense was committed. The defendants argued that the amendment, which made separate trials discretionary rather than a matter of right, constituted an unconstitutional ex post facto law. The Court held that a statute is prohibited as ex post facto if it punishes an innocent act, increases the punishment for a crime, or deprives an accused of a defense available at the time of the offense. Because the amendment only affected the mode of trial and did not alter the criminal quality of the act or the available defenses, it was not an ex post facto law.
At page 169 Prohibiting ex post facto laws regarding separate trials170 citing cases“it is settled, by decisions of this court so well known that their citation may be dispensed with, that any statute which punishes as a crime an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, or which deprives on…”
- Hughes Aircraft Co. v. United States ex rel. Schumer, 520 U.S. 939 (1997).published([A]ny statute . . . which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto)
- State v. Brooks, 2022-Ohio-2478, 208 N.E.3d 751.published (any statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of…)
- United States v. Gorski, 47 M.J. 370 (C.A.A.F. 1997).published (any statute ... which makes more burdensome the punishment for a crime, after its commission)
- United States v. Grant C. Affleck, United States of Am. v. Frank Kowalik, Jr., 765 F.2d 944 (10th Cir. 1985).published ([A]ny statute which punishes as a crime an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime…)
- Coley, No. 3:24-cv-00165 (E.D. Va. Jan. 14, 2026).This claim lacks merit for the reasons stated by Judge Miller: 11 The United States Constitution prohibits states from enacting ex post facto laws, U.S. Const. art I, § 10, cl. 1, and a state violates this mandate when it “punishes as a cr…
- Fred Krug v. New Jersey State Parole Bd., 261 N.J. 477 (2025).published (stating that any statute that “makes more burdensome the punishment for a crime, after its commission . . . is prohibited as ex post facto)
- Donaldson v. City of El Reno, 2025 OK 9, 565 P.3d 346.published See Collins v. Youngblood , 497 U.S. 37, 42 (1990) (citing Beazell v. Ohio , 269 U.S. 167, 169-70 (1925)); Starkey , 2013 OK 43 Collins and Beazell ).
- Sifuentes v. Michigan, State of, No. 2:24-cv-10827 (E.D. Mich. Nov. 21, 2024).(any statute .)
- Anderson v. Clarke, 893 S.E.2d 379 (Va. 2023).publishedEx post facto Article I, § 10 of the United States Constitution provides that “[n]o state shall . . . pass any . . . ex post facto law[.]” A statute violates the ex post facto clause of Article I, § 10 when it “punishes as a crime an act p…
- Blea v. Martinez, No. 2:20-cv-00986 (D.N.M. Sept. 29, 2023).Dobbert v. Florida, 432 U.S. 282, 292 (1977) (quoting Beazell v. Ohio, 269 U.S. 167, 169-70 (1925)).
Show 148 more citing cases
- Nunez v. Gamboa, No. 3:21-cv-02046 (S.D. Cal. Sept. 1, 2023).(Lodgment No. 6, People v. Nunez, D075261, slip op. at 9-12.) 10 “It is settled, by decisions of this Court so well known that their citations may be 11 dispensed with, that any statute . . . which makes more burdensome the punishment for…
- State v. Briggs, 2023-Ohio-1931, 217 N.E.3d 110.published“any statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, * * * is prohibited as ex post facto”
- Cornelio v. Connecticut, 32 F.4th 160 (2d Cir. 2022).publishedThe Ex Post Facto Clause forbids, among other things, “legislative action that retroactively … makes more burdensome the punishment for a crime, after its commission.” Doe v. Pataki, 120 F.3d 1263, 1272 (2d Cir. 1997) (quoting Beazell v. O…
- State of West Virginia v. Metheny, No. 20-0546 (W. Va. Nov. 5, 2021).publishedIn reviewing Petitioner’s argument, we begin by noting that the United States Supreme Court addressed the Ex Post Facto Clause in Beazell v. Ohio, 269 U.S. 167, 169-170 (1925): 5 It is settled . . . that any statute which punishes as a cri…
- State of New Jersey Vs. Edward M. Plaza, No. A-2042-18 (N.J. Super. Ct. App. Div. Feb. 19, 2021).unpublishedIn order for an ex post facto violation to occur, the statute in question must either "(1) punish as a crime an act previously committed, which was innocent when done; (2) make more burdensome the punishment for a crime, after its commissi…
- State v. Hakum Brown State v. Rodney Brown (083353) (Essex Cnty., Middlesex Cnty., & Statewide), 243 A.3d 1233 (N.J. 2021).published“any statute which . . . makes more burdensome the punishment for a crime, after its commission”
- State v. Ramseur, 843 S.E.2d 106 (N.C. 2020).published “which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense…”
- Scott v. Gomez, No. 6:20-cv-00060 (E.D. Ky. Apr. 27, 2020).Beazell v. Ohio, 269 U.S. 167, 169 (1925); see also Cal. Dep’t of Corr. v. Morales, 514 U.S. 499, 504 (1995) (quoting Collins v. Youngblood, 497 U.S. 37, 43 (1990)) (holding that the clause prohibits laws that “retroactively alter the defi…
- Rodgers v. Crow, No. 4:17-cv-00060 (N.D. Okla. Apr. 1, 2020).“An ex post facto law is any law that, among other things, ‘deprives one charged with crime of any defense available according to law at the time when the act was committed.’” Id. (quoting Beazell v. Ohio, 269 U.S. 167, 169-70 (1925)).
- State v. Ohio, 2019-Ohio-790.publishedBeazell v. Ohio, 269 U.S. 167, 169 (1925). {¶30} Postrelease control did not exist until 1996, when S.B. 2 was enacted.
- State v. Tatom, 2018-Ohio-5143.publishedBeazell v. Ohio, 269 U.S. 167, 169-70 (1925).
- State of New Jersey Vs. W.D. (10-06-1134, Monmouth Cnty. & Statewide) (record Impounded), No. A-3190-16T4 (N.J. Super. Ct. App. Div. June 25, 2018).unpublishedState v. Muhammad, 145 N.J. 23, 56 (1996) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 (1925)).
- State of Iowa v. Joseph Hodges White, Jr., No. 16-1406 (Iowa Ct. App. Oct. 11, 2017).publishedThe Ex Post Facto Clauses “are also violated when a statute makes more burdensome the punishment for a crime after its commission.” Corwin, 616 N.W.2d at 601 ; cf. Beazell v. Ohio, 269 U.S. 167, 169-70 (1925).
- Vincent Young v. State of Mississippi, 245 So. 3d 510 (Miss. Ct. App. 2017).publishedYoung contends that the relevant standard is an absolute one, outlined in Collins v. Youngblood, 497 U.S. 37, 50 (1990) – that Bester “[made] more burdensome the punishment for a crime, after its commission.” But what the United States Sup…
- Matter of Devine v. Annucci, 150 A.D.3d 1104 (N.Y. App. Div. 2d Dep't 2017).published“A statute will be considered an ex post facto law if it ‘punishes as a crime an act previously committed, which was innocent when done,’ ‘makes more burdensome the punishment for a crime, after its commission,’ or ‘deprives one charged wi…
- State of New Jersey v. Melvin Hester, 157 A.3d 865 (N.J. Super. Ct. App. Div. 2017).publishedState v. Muhammad, 145 N.J. 23, 56 (1996) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S. Ct. 68 , 68- 69, 70 L.
- State ex rel. Singh v. Kemper, 2016 WI 67, 883 N.W.2d 74.published I, § 12. 9 No. 2013AP1724.akz ¶154 Though the Supreme Court has "declined to articulate a single 'formula' for identifying those legislative changes that have a sufficient effect on substantive crimes or punishments to fall within the cons…
- People v. Dalton, No. D069278 (Cal. Ct. App. Apr. 28, 2016).unpublished"The traditional understanding of the ex post facto clause was expressed in Beazell v. Ohio (1925) 269 U.S. 167, 169-170 [citations], as follows: 'It is settled . . . that any statute which punishes as a crime an act previously committed,…
- Commonwealth v. Rose, S., 127 A.3d 794 (Pa. 2015).publishedRather, in determining whether imposition of a sentence under a statute that was amended after a defendant committed the deadly acts upon the victim, but prior to the victim’s death, violates the ex post facto prohibition, we must consider…
- State v. Robinson, 363 P.3d 875 (Kan. 2015).published Moreover, the Ex Post Facto Clause of the United States Constitution “is aimed at laws that ‘retroactively alter the definition of crimes or increase the punishment for criminal acts.’ [Collins v. Youngblood, 497 U.S. 37 ,] at 43 (citing C…
- J.I. v. New Jersey State Parole Bd., 120 A.3d 256 (N.J. Super. Ct. App. Div. 2015).publishedThe Ex Post Facto Clause of the United States Constitution prohibits "any statute which punishes . . . an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission,…
- Ronford Lee Styron, Jr. v. Gary L Johnson, 262 F.3d 438 (5th Cir. 2001).published
- United States v. Grimes, 142 F.3d 1342 (11th Cir. 1998).published
- Dobbert v. Florida, 432 U.S. 282 (1977).published
- Miller v. Florida, 482 U.S. 423 (1987).published
- Gilmore v. Taylor, 508 U.S. 333 (1993).published
- California Dep't of Corr. v. Morales, 514 U.S. 499 (1995).published
- Garner v. Jones, 529 U.S. 244 (2000).published
- Thompson v. Blackburn, 776 F.2d 118 (5th Cir. 1985).published
- Barna v. Travis, 239 F.3d 169 (2d Cir. 2001).published
- Steve Puckett v. Larry Abels, No. 95-CA-00856-SCT (Miss. July 18, 1995).published
- Arnold Knowles v. State of MS, No. 96-KA-00681-SCT (Miss. June 17, 1996).published
- Wheeler v. Idaho Dep't of Health & Welfare, 207 P.3d 988 (Idaho 2009).published
- State v. Forbes, 275 P.3d 864 (Idaho 2012).published
- State v. Manzanares, 272 P.3d 382 (Idaho 2012).published
- State v. Grant, 704 P.2d 1064 (Mont. 1985).published
- United States v. A. Hernandez-Diaz, No. 98-4082 (4th Cir. Jan. 21, 1999).unpublished
- Troy L. Parham v. Commonwealth, No. 2876952 (Va. Ct. App. Dec. 3, 1996).unpublished
- State v. Creekpaum, 732 P.2d 557 (Alaska Ct. App. 1987).published
- People v. Davis, 872 P.2d 591 (Cal. 1994).published
- State v. Robinson, 436 S.E.2d 125 (N.C. 1993).published
- State v. Klindt, 542 N.W.2d 553 (Iowa 1996).published
- People v. Swain, 909 P.2d 994 (Cal. 1996).published
- People v. Frazer, 982 P.2d 180 (Cal. 1999).published
- State v. Soppe, 374 N.W.2d 649 (Iowa 1985).published
- Gully v. State, 658 N.W.2d 114 (Iowa Ct. App. 2002).published
- People v. King, 851 P.2d 27 (Cal. 1993).published
- Thompson v. State, 603 S.E.2d 233 (Ga. 2004).published
- State ex rel. Collins v. Bedell, 460 S.E.2d 636 (W. Va. 1995).published
- Adair Benevolent Soc'y v. State, Ins. Div. of the State of Iowa, 489 N.W.2d 1 (Iowa 1992).published
- Hubbart v. Superior Court, 969 P.2d 584 (Cal. 1999).published
- State v. Pierce, 902 A.2d 1195 (N.J. 2006).published
- People v. McVickers, 840 P.2d 955 (Cal. 1992).published
- Tapia v. Superior Court, 807 P.2d 434 (Cal. 1991).published
- United States v. Kowal, 596 F. Supp. 375 (D. Conn. 1984).published
- State v. Thiel, 524 N.W.2d 641 (Wis. 1994).published
- State v. Kurzawa, 509 N.W.2d 712 (Wis. 1994).published
- State v. Iowa Dist. Court for Henry Cnty., 759 N.W.2d 793 (Iowa 2009).published
- State v. Schultzen, 522 N.W.2d 833 (Iowa 1994).published
- State v. Kaster, 469 N.W.2d 671 (Iowa 1991).published
- State v. Loftin, 724 A.2d 129 (N.J. 1999).published
- State v. Muhammad, 678 A.2d 164 (N.J. 1996).published
- Burrus v. Goodrich, 535 N.W.2d 85 (Wis. Ct. App. 1995).published
- Fletcher v. Williams, 688 N.E.2d 635 (Ill. 1997).published
- State v. White, 294 N.W.2d 36 (Wis. Ct. App. 1979).published
- State v. Bowen, 540 A.2d 218 (N.J. Super. Ct. App. Div. 1988).published
- People v. Ramsey, 735 N.E.2d 533 (Ill. 2000).published
- People v. Pena, 747 N.E.2d 1020 (Ill. App. Ct. 1st Dist. 2001).published
- City of Champaign v. Sides, 810 N.E.2d 287 (Ill. App. Ct. 4th Dist. 2004).published
- State v. Bean, 474 N.W.2d 116 (Iowa Ct. App. 1991).published
- Kellogg v. Travis, 796 N.E.2d 467 (N.Y. 2003).published
- In re Baert, 205 Cal. App. 3d 514 (Cal. Ct. App. 1988).published
- Schreiber v. State, 666 N.W.2d 127 (Iowa 2003).published
- State v. Anderson, 338 N.W.2d 372 (Iowa 1983).published
- Hadley v. Montes, 883 N.E.2d 703 (Ill. App. Ct. 4th Dist. 2008).published
- Doe v. California Dept. of Just., 173 Cal. App. 4th 1095 (Cal. Ct. App. 2009).published
- People v. Zandrino, 100 Cal. App. 4th 74 (Cal. Ct. App. 2002).published
- People v. Brodit, 61 Cal. App. 4th 1312 (Cal. Ct. App. 1998).published
- Hindt v. State, 421 A.2d 1325 (Del. 1980).published
- People v. Mesce, 52 Cal. App. 4th 618 (Cal. Ct. App. 1997).published
- People v. Bradley, 64 Cal. App. 4th 386 (Cal. Ct. App. 1998).published
- People v. Bunn, 53 Cal. App. 4th 227 (Cal. Ct. App. 1997).published
- People v. Superior Court (Myers), 50 Cal. App. 4th 826 (Cal. Ct. App. 1996).published
- People v. LUGAS, 76 Cal. App. 4th 696 (Cal. Ct. App. 2000).published
- People v. Fitch, 55 Cal. App. 4th 172 (Cal. Ct. App. 1997).published
- People v. Perez, 68 Cal. App. 4th 346 (Cal. Ct. App. 1998).published
- People v. Delgado, 140 Cal. App. 4th 1157 (Cal. Ct. App. 2006).published
- State v. Biegenwald, 594 A.2d 172 (N.J. 1991).published
- State v. Marshall, 613 A.2d 1059 (N.J. 1992).published
- Booth-El v. Nuth, 140 F. Supp. 2d 495 (D. Md. 2001).published
- State v. Whitaker, 700 S.E.2d 215 (N.C. 2010).published
- Eichelberger v. State, 916 S.W.2d 109 (Ark. 1996).published
- In re the Civil Commitment of W.X.C., SVP 458-07, 8 A.3d 174 (N.J. 2010).published
- In re Rosenkrantz, 59 P.3d 174 (Cal. 2002).published
- Johnson v. Gray, No. 2012-0967 (D.D.C. Nov. 14, 2012).published
- Anderson v. Holder, No. 2009-1197 (D.D.C. Mar. 5, 2010).published
- Jackman v. United States, No. 2007-0691 (D.D.C. Mar. 30, 2009).published
- Austin v. Reilly, No. 2008-0553 (D.D.C. Mar. 25, 2009).published
- State v. Clemons, 2011-Ohio-1177.published
- George C. Riley v. New Jersey State Parole Bd. (069327), 98 A.3d 544 (N.J. 2014).published
- Paul Massey v. Louisiana Dep't of Pub. Saf. & Corr., 149 So. 3d 780 (La. 2014).published
- State v. Reed, 2014-Ohio-5463.published
- State v. Richard Perez (072624), 106 A.3d 1212 (N.J. 2015).published
- Lindquist v. State, 922 S.W.2d 223 (Tex. App.—Austin 1996).published
- Hamm v. Latessa, MCI, No. 94-1999 (1st Cir. Dec. 28, 1995).published
- Libby v. Corr., ME Comm, No. 98-1067 (1st Cir. May 26, 1999).published
- Plyler v. Moore, No. 96-7689 (4th Cir. Oct. 16, 1997).published
- United States v. Higgs, No. 01-3 (4th Cir. Dec. 22, 2003).published
- Wilson v. Belleque, 554 F.3d 816 (9th Cir. 2009).published
- People v. F.G., 318 Ill. App. 3d 709 (Ill. App. Ct. 1st Dist. 2000).published
- State v. Mrus, 595 N.E.2d 460 (Ohio Ct. App. 11th Dist. 1991).published
- State ex rel. Corrigan v. Barnes, 443 N.E.2d 1034 (Ohio Ct. App. 8th Dist. 1982).published
- Kentucky Ret. Sys. v. Jefferson Cnty. Sheriff's Off., 630 S.W.3d 610 (Ky. 2021).published
- In re Gentile, 654 A.2d 676 (Ct. Jud. Disc. Pa 1994).published
- Wright v. Superior Court, 936 P.2d 101 (Cal. 1997).published
- People v. Helms, 936 P.2d 1230 (Cal. 1997).published
- People v. Snook, 947 P.2d 808 (Cal. 1997).published
- Devine v. Annucci, 45 Misc. 3d 1001 (N.Y. Sup. Ct. 2014).published
- People v. Hudy, 535 N.E.2d 250 (N.Y. 1988).published
- In re Lomax, 66 Cal. App. 4th 639 (Cal. Ct. App. 1998).published
- People v. Williams, 118 Cal. App. 4th 735 (Cal. Ct. App. 2004).published
- Doe v. California Dep't of Just., 173 Cal. App. 4th 1083 (Cal. Ct. App. 2009).published
- People v. Foster, 87 A.D.3d 299 (N.Y. App. Div. 2d Dep't 2011).published
- People v. Parilla, 109 A.D.3d 20 (N.Y. App. Div. 3d Dep't 2013).published
- State v. Nelson, 30 Misc. 3d 715 (N.Y. Sup. Ct. 2010).published
- People v. Doe, 169 Misc. 2d 29 (1996).published
- Commonwealth v. Pownall, R., No. 17 EAP 2021 (Pa. July 20, 2022).published
- State v. Gadsden, 584 A.2d 265 (N.J. Super. Ct. App. Div. 1990).published
- State v. Reyes, 738 A.2d 370 (N.J. Super. Ct. App. Div. 1999).published
- United States v. McDonagh, 14 M.J. 415 (1983).published
- State of New Jersey v. Jamel Carlton, 328 A.3d 944 (N.J. Super. Ct. App. Div. 2024).unpublished
- State v. Jamel Carlton, 349 A.3d 1284 (N.J. 2025).published
- Trotter v. Sec'y, Dep't of Corr., 535 F.3d 1286 (11th Cir. 2008).published
- Collins v. Youngblood, 497 U.S. 37 (1990).published
- United States v. Kumar, 617 F.3d 612 (2d Cir. 2010).published
- Gilson v. Sirmons, 520 F.3d 1196 (10th Cir. 2008).published
- United States v. Pierre Michel Henri Giry, 818 F.2d 120 (1st Cir. 1987).published
- United States v. McGregor, 866 F. Supp. 215 (E.D. Pa. 1994).published
- Doe v. Poritz, 662 A.2d 367 (N.J. 1995).published
- Cox v. State, 394 So. 2d 103 (Ala. Crim. App. 1981).published
- Hill v. State, 659 So. 2d 547 (Miss. 1995).published
- State v. Smith, 426 A.2d 38 (N.J. 1981).published
- People v. High, 119 Cal. App. 4th 1192 (Cal. Ct. App. 2004).published
- Schildge v. Comm'r of Corr., 1991 Conn. Super. Ct. 6297 (Conn. Super. Ct. 1991).unpublished
- State v. Kapsouris, 2006 Ohio 7056 (Ohio Ct. App. 7th Dist. 2006).unpublished
- Soldano v. Illinois Liquor Control Comm'n, 475 N.E.2d 560 (Ill. App. Ct. 1985).published
- United States v. Rubenstein, 228 F. Supp. 3d 223 (E.D.N.Y. 2017).published
- United States v. McDonagh, 10 M.J. 698 (1981).published
At page 171 Distinguishing substantive from procedural changes under ex post facto clause49 citing cases“was intended to secure substantial personal rights against arbitrary and oppressive legislation ... and not to limit the legislative control of remedies and modes of procedure which do not affect matters of substance.”
- Monahan v. Winn, 276 F. Supp. 2d 196 (D. Mass. 2003).published ([T]he constitutional provision was intended to secure substantial personal rights against arbitrary and oppressive legislation, and not to limit the legislative control of remedies and modes of procedure which do not a…)
- Geraghty v. United States Parole Comm'n, 579 F.2d 238 (3d Cir. 1978).published (Just what alterations of procedure will be held to be of sufficient moment to transgress the constitutional prohibition cannot be embraced within a formula or stated in a general proposition. The distinction is one of…)
- State v. Davis, No. 1 CA-CR 26-0006 PRPC (Ariz. Ct. App. Sept. 2, 2026).unpublishedBut the prohibition against ex post facto laws does not “limit the legislative control of remedies and modes of procedure which do not affect matters of substance.” State v. Weinbrenner, 164 Ariz. 592, 593 (App. 1990) (quoting Beazell v. O…
- Fred Krug v. New Jersey State Parole Bd., 261 N.J. 477 (2025).published See Calder v. Bull, 3 U.S. (3 Dall.) 386 , 390 (1798) (opinion of Chase, J.) (noting the prohibition of “[e]very law that 18 changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed”); Fl…
- State v. Cabrera-Ortega, No. 1 CA-CR 21-0549 (Ariz. Ct. App. Sept. 27, 2022).unpublishedII, § 25, “to secure substantial personal rights against arbitrary and oppressive legislation, and not to limit the legislative control of remedies and modes of procedure which do not affect matters of substance.” Weinbrenner, 164 Ariz. at…
- Havana Docks Corp. v. MSC Cruises SA CO, 484 F. Supp. 3d 1177 (S.D. Fla. 2020).publishedNonetheless, “the constitutional provision was intended to secure substantial personal rights against arbitrary and oppressive legislation, see Malloy v. South Carolina, 237 U.S. 180, 183 (1915), and not to limit the legislative control of…
- Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd., 484 F. Supp. 3d 1215 (S.D. Fla. 2020).publishedNonetheless, “the constitutional provision was intended to secure substantial personal rights against arbitrary and oppressive legislation, see Malloy v. South Carolina, 237 U.S. 180, 183 (1915), and not to limit the legislative control of…
- Shackelford v. Blades, No. 1:15-cv-00020 (D. Idaho Nov. 1, 2019).“intended to secure substantial personal rights against arbitrary and oppressive legislation, and not to limit the legislative control of remedies and modes of procedure which do not affect matters of substance”
- York v. Lee, No. 3:17-cv-00039 (E.D. Tenn. Aug. 12, 2019).“intended to secure substantial personal rights against arbitrary and oppressive legislation . . . and not to limit the legislative control of remedies and modes of procedure which do not affect matters of substance”
- Burnett v. Fallin, 785 F. App'x 546 (10th Cir. 2018).unpublishedRelative to the second part of the analysis, “the question of what legislative adjustments ‘will be held to be of sufficient moment to transgress the [ex post facto] prohibition’ must be a matter of ‘degree.’” Cal. Dep’t of Corr. v. Morale…
Show 39 more citing cases
- Clay v. Massachusetts Parole Bd., 56 N.E.3d 145 (Mass. 2016).publishedUnder either analysis, “not every retroactive procedural change creating a risk of affecting an [individual’s] terms or conditions of confinement is prohibited,” Garner, 529 U.S. at 250 , and whether such a retroactive application qualifie…
- Chandler v. Pallito, No. 210 (Vt. Super. Ct. Dec. 24, 2015).publishedThe Court has “long held that the question of what legislative adjustments ‘will be held to be of sufficient moment to transgress the constitutional prohibition’ must be a matter of ‘degree.’” Morales, 514 U.S. at 509 (quoting Beazell v. O…
- Miller v. Florida, 482 U.S. 423 (1987).published
- Steve Puckett v. Larry Abels, No. 95-CA-00856-SCT (Miss. July 18, 1995).published
- People v. Hudy, 535 N.E.2d 250 (N.Y. 1988).published
- Jones v. Garner, 164 F.3d 589 (11th Cir. 1999).published
- Landgraf v. USI Film Prods., 511 U.S. 244 (1994).published
- Zaczek v. Murray, 983 F.2d 1059 (4th Cir. 1992).unpublished
- State v. Shackelford, 247 P.3d 582 (Idaho 2010).published
- State v. Dale Carter Shackelford (Idaho 2010).published
- State of Tennessee v. Jonathan Wade Rosson, No. M2010-01361-CCA-R3-CD (Tenn. Crim. App. May 18, 2012).published
- Miller v. Warden, 921 P.2d 882 (Nev. 1996).published
- Spitznas v. State, 648 P.2d 1271 (Okla. Crim. App. 1982).published
- In re Jackson, 703 P.2d 100 (Cal. 1985).published
- Grimes v. State, 807 S.W.2d 582 (Tex. Crim. App. 1991).published
- Taylor v. State, 752 N.W.2d 24 (Iowa Ct. App. 2008).published
- State v. Baker, 440 N.W.2d 284 (S.D. 1989).published
- Trantino v. NJ State Parole Bd., 752 A.2d 761 (N.J. Super. Ct. App. Div. 2000).published
- Sobiek v. Superior Court, 28 Cal. App. 3d 846 (Cal. Ct. App. 1972).published
- DeWoody v. Superior Court, 8 Cal. App. 3d 52 (Cal. Ct. App. 1970).published
- People v. Snipe, 25 Cal. App. 3d 742 (Cal. Ct. App. 1972).published
- R.S. v. Knighton, 592 A.2d 1157 (N.J. 1991).published
- In re Arafiles, 6 Cal. App. 4th 1467 (Cal. Ct. App. 1992).published
- State v. Weinbrenner, 795 P.2d 235 (Ariz. Ct. App. 1990).published
- State v. Lovelace, 90 P.3d 278 (Idaho 2003).published
- Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014).published
- Roller v. Gunn, 107 F.3d 227 (4th Cir. 1997).published
- United States v. Ristovski, No. 01-1747 (6th Cir. Dec. 4, 2002).published
- Artway v. Attorney Gen., 83 F.3d 594 (3d Cir. 1996).
- State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).published
- People v. Bradford, 450 P.2d 46 (Cal. 1969).published
- People v. Spearman, 128 Misc. 2d 112 (N.Y. Sup. Ct. 1985).published
- Loftwich v. Fauver, 665 A.2d 1133 (N.J. Super. Ct. App. Div. 1995).published
- Evans v. Warden, NHSP, 2010 DNH 094 (D.N.H. 2010).published
- Collins v. Youngblood, 497 U.S. 37 (1990).published
- Helsley v. State, 809 N.E.2d 292 (Ind. 2004).published
- Hopkinson v. Shillinger, 645 F. Supp. 374 (D. Wyo. 1986).published
- William W. York v. Tennessee Bd. Of Parole, 502 S.W.3d 783 (Tenn. Ct. App. 2016).published
- Voorhees v. Cox, 140 F.2d 132 (8th Cir. 1944).published
At page 170 Statutory changes to trial rules not violating ex post facto clause25 citing cases“it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited.”
- Baird v. Deml, No. 2:22-cv-00165 (D. Vt. Sept. 12, 2023).This prohibition rests “upon the notion that laws, whatever their form, which purport to make innocent acts criminal after the event, or to aggravate an offense, are harsh and oppressive[.]” Lynce v. Mathis, 519 U.S. 433, 440 (1997) (quoti…
- James Jesus Montgomery v. Commonwealth of Virginia, 875 S.E.2d 101 (Va. Ct. App. 2022).published Servs., 11 Va. App. 225, 229 (1990). “[S]tatutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are no…
- Fahrni v. State Of Texas, No. 5:17-cv-00170 (E.D. Tex. Dec. 11, 2020).“However, changes to rules of evidence do not violate the Ex Post Facto Clause when the changes do not subvert the presumption of innocence or allow a jury to find a defendant guilty on a lesser standard than beyond a reasonable doubt.” Id…
- United States v. Seward, 967 F.3d 57 (1st Cir. 2020).publishedThe Ex Post Facto Clause forbids "laws, whatever their form, which purport to make innocent acts criminal after the event." Lynce v. Mathis, 519 U.S. 433, 440 (1997) (quoting Beazell v. Ohio, 269 U.S. 167, 170 (1925)).
- O'brien v. Tice, No. 2:19-cv-03707 (E.D. Pa. Apr. 3, 2020).See, e.g., United States v. Steward, 880 F.3d 983 , 986 n.3 (8th Cir. 2018); United States v. Reyes, 866 F.3d 316, 321 (5th Cir. 2017). (citing Beazell v. Ohio, 269 U.S. 167, 170 (1925)).
- People v. Frazer, 982 P.2d 180 (Cal. 1999).published
- Lindh v. Murphy, 521 U.S. 320 (1997).published
- Gov't of the Virgin Islands v. James Civil, 591 F.2d 255 (3d Cir. 1979).published
- Donald Robert Pilcher v. Commonwealth, No. 2483013 (Va. Ct. App. July 15, 2003).unpublished
- State v. Norton, 675 P.2d 577 (Utah 1983).published
Show 14 more citing cases
- State v. Bunn, 440 P.2d 528 (Haw. 1968).published
- State v. Roy, 436 A.2d 1090 (Vt. 1981).published
- State v. Hobson, 577 N.W.2d 825 (Wis. 1998).published
- Tice v. State, 460 So. 2d 273 (Ala. Crim. App. 1984).published
- People v. Sweet, 207 Cal. App. 3d 78 (Cal. Ct. App. 1989).published
- Goodman v. State, 935 S.W.2d 184 (Tex. App.—Austin 1996).published
- People v. Martinez, 82 Misc. 2d 56 (N.Y. Sup. Ct. 1975).published
- Boisseau v. Graham, No. 8:19-cv-01863 (D. Md. Apr. 20, 2020).
- United States v. Robert L. Prickett, 790 F.2d 35 (6th Cir. 1986).published
- Helsley v. State, 809 N.E.2d 292 (Ind. 2004).published
- United States v. Prickett, 604 F. Supp. 407 (S.D. Ohio 1985).published
- People v. Dorff, 396 N.E.2d 827 (Ill. App. Ct. 1979).published
- State of Tennessee v. John Henry Pruitt, 510 S.W.3d 398 (Tenn. 2016).published
- State v. Moyer, 387 A.2d 194 (Del. 1978).published
46 S. Ct. at 69 Limiting legislative control over remedies and procedure2 citing cases
- Gregory Arnold Murphy v. Dewey Sowders, 801 F.2d 205 (6th Cir. 1986).published
- Michael J. Kurzawa v. Eurial K. Jordan, 146 F.3d 435 (7th Cir. 1998).published
At page 217 “any statute which punishes . . . an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, 17 A-1293-14T2 or which deprives one charged with crime of any defense available . . . at the time when the act was committed[.]”2 citing cases
- State of New Jersey v. Melvin Hester, 157 A.3d 865 (N.J. Super. Ct. App. Div. 2017).publishedState v. Muhammad, 145 N.J. 23, 56 (1996) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 , 46 S. Ct. 68 , 68- 69, 70 L.
- J.I. v. New Jersey State Parole Bd., 120 A.3d 256 (N.J. Super. Ct. App. Div. 2015).published“any statute which punishes . . . an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, 17 A-1293-14T2 or which deprives one charged with…”
v.
OHIO Et Al.; CHATFIELD v. OHIO Et Al.
delivered the opinion of the Cohrt.
Plaintiffs in error were jointly indicted in the Court of Common Pleas of Hamilton County, Ohio, for the crime of embezzlement, a felony. On February 13, 1923, the date of the offense as charged, Ohio General Code, § 13,677, provided: “When two or more persons are jointly indicted for a felony, on application to the court for that purpose, each shall be separately tried.” In April of the same year, before the indictment, which was returned on October 25, this section was amended (110 Ohio Laws, 301) so as to provide:
[*169] “ When two or more persons are jointly indicted for a felony, except a capital offense, they shall be tried jointly, unless the court for good cause shown, on application therefor by the prosecuting attorney, or one or more of said defendants order that one or more of said defendants shall be tried separately.”
By another section, the amended Act was made applicable to trials for offenses committed before the amendment.
The defendants severally made motions for separate trials on .the ground that their defenses would be different; that each would be prejudiced by the. introduction of evidence admissible against his co-defendant, but inadmissible as to him; and that they were entitled to separate trials as a matter of right, specifically charging that, as applied to their own indictment and trial, “ the amendment to the Statutes of Ohio making the granting of said application for a separate trial discretionary with the trial court, is an ex post facto law within the restrictions imposed by Article 1, Section 10 of the Constitution of the United States,” which provides that “'No State shall . . . pass any ... ex post facto Law.”
Both motions were denied; the joint trial and conviction of the defendants followed; and in proceedings duly had in which the constitutional question was raised, their conviction was sustained by the Supreme Court of Ohio. The case comes before this court on motions to dismiss the writs of error or to affirm the judgment below;'
It is settled, by decisions of this Court so well known that their citation may be dispensed with, that any statute which punishes as a crime an act previously committed, which was innocent when done; which makes more burdensome the punishment for a crime, after its commission, ór which deprives one charged with crime of any defense available according to law at the time when the . act was committed, is prohibited as ex post [*170] facto. The constitutional prohibition and the judicial interpretation of it rest upon the notion that laws,- whatever their form, which purport to make innocent acts criminal after the event, or to aggravate an offense, are harsh and oppressive, and that the criminal quality attributable to an act, either by the legal definition of the offense or by the nature or amount of the punishment imposed for its commission, should not beJ altered by legislative enactment, after the fact, to the disadvantage of. the accused.
But the statute of Ohio here drawn in question affects only the manner in which the trial of those jointly accused shall be conducted. It does not deprive the plaintiffs in error of any defense previously available, nor affect the criminal quality of the act charged. Nor does it change the legal definition of the offense or the punishment to be meted out.' The quantum and kind of proof required to establish guilt, and all questions which may be considered by the court and jury in determining guilt or innocence, remain the same. '
Expressions are to be found in earlier judicial opinions to the effect that the constitutional limitation may be transgressed by alterations in-the .rules of evidence or procedure. See Colder v. Bull, 3 Dall. 386, 390; Cummings v. State of Missouri, 4 Wall. 277, 326; Kring v. Missouri, 107 U. S. 221, 228, 232. And there may be procedural changes which operate to deny to the accused a defense available under the laws in force at the time .of the commission of his offense, or which otherwise affect him in such a harsh and arbitrary manner as to fall within the constitutional prohibition. Kring v. Missouri, 107 U. S. 221; Thompson v. Utah, 170 U. S. 343. But it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and. unsubstantial manner to. his disadvantage, are not prohibited. A statute which, after indictment, enlarges[*171] the class of persons who may be witnesses at the trial, by removing the disqualification of persons convicted of felony, is not an ex post facto law. Hopt. v. Utah, 110 U. S. 574. Nor. is a statute which changes the rules of evidence after the indictment so as to render admissible against the accused evidence previously held inadmissible. Thompson v. Missouri, 171 U. S. 380; or which changes the place of trial, Gut v. The State, 9 Wall. 35; or which abolishes a court for hearing criminal appeals, creating a. new one in its stead. See Duncan v. Missouri, 152 U. S. 377, 382.
Just what alterations of procedure will be held to be of sufficient moment to transgress the 'constitutional prohibition cannot be embraced within a formula or stated in a general proposition. The distinction is one of degree. But the constitutional provision was intended to secure substantial personal rights against arbitrary and oppres-' sive legislation, see Malloy v. South Carolina, 237 U. S. 180, 183, and not to limit the legislative control of remedies and modes of procedure which do-not . affect matters of substance. See Gibson v. Mississippi, 162 U. S. 565, 590; Thompson v. Missouri, supra, 386; Mallett v. North Carolina, 181 U. S. 589, 597.
The legislation here concerned restored a mode of trial deemed appropriate at common law, with discretionary power in the court to direct separate trials. We do not .regard it ¿s harsh or oppressive as applied to the plaintiffs in error, or as affecting any right or immunity more substantial than did the statute which changed, the qualification of jurors, upheld in Gibson v. Mississippi, supra; or the statute which granted to the State an appeal from an intermediate appellate court, upheld in Mallett v. North Carolina, supra. Obviously the statute here is less burdensome to the accused than those involved in Hopt v. Utah, supra, and Thompson v. Missouri, supra.
The judgment of the Supreme Court of Ohio is
Affirmed/