Beazell v. Ohio, 269 U.S. 167 (1925). · Go Syfert
Beazell v. Ohio, 269 U.S. 167 (1925). Cases Citing This Book View Copy Cite
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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.

3,065 citation events (881 in the last 25 years) across 168 distinct courts.
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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…”20 citing courts quote it · also cited as 70 L. Ed. at 217; 46 S. Ct. at 68 · 158 listed here
  • 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 3 cites
    (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 3 cites
    (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 9 cites
    ([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 2 cites
    (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 2 cites
    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).published
    Ex 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
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.”5 citing courts quote it · also cited as 70 L. Ed. at 218
  • Monahan v. Winn, 276 F. Supp. 2d 196 (D. Mass. 2003).published 3 cites
    ([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 6 cites
    (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).unpublished
    But 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 2 cites
    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).unpublished
    II, § 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).published
    Nonetheless, “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).published
    Nonetheless, “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).unpublished
    Relative 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
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.”7 citing courts quote it · 24 listed here
  • 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 2 cites
    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).published
    The 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
46 S. Ct. at 69 Limiting legislative control over remedies and procedure2 citing cases
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 cases1 citing court quotes it
  • State of New Jersey v. Melvin Hester, 157 A.3d 865 (N.J. Super. Ct. App. Div. 2017).published
    State 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…”
BEAZELL
v.
OHIO Et Al.; CHATFIELD v. OHIO Et Al.
247, 248.
Supreme Court of the United States.
Nov 23, 1925.
Published opinion
269 U.S. 167
1925 U.S. LEXIS 20
Messrs. John Wilson Brown, Charles S. Bell, Nelson Schwab, and Louis Schneider, for the State of Ohio., Messrs. Province M. Pogue, Harry M. Hoffheimer and Thomas L. Pogue, for Beazell., Mr. Frank F. Dinsmore, for Chatfield., The following authorities were cited and relied upon in the arguments for plaintiffs in error. Bergin v. State, 31 Oh. St. 113; 12 C. J. § 803; Thompson v. Utah, 170 U. S. 343; Duncan v. Missouri, 152 U. S. 378; Ex parte Medley, 134 U. S. 160; Kring v. Missouri, 107 U. S. 221; Mallet v. North Carolina, 181 U. S. 589; Society v. Wheeler, 2 Gall. 139; State v. Morrow, 90 Oh. St. 202; Crain v. United States, 162 U. S. 624; Cooley’s Const. Lim’ns. 373; Frisby v. United States, 13 App. D. C. 22; State v. Barlow, 70 Oh. St. 363; Hopt v. Utah, 110 U. S. 574.
Stone.
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Citer courts: Court of Appeals for the Armed… (3) · D. Massachusetts (3)
Mr. Justice Stone

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/