ex post facto violation (South Carolina) · Go Syfert
← South Carolina issues

ex post facto violation in South Carolina

46 South Carolina opinions name it 2 courts 1989–2023 4 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (38)

CaseFollowedCited
Jernigan v. Stategreen
sc · 2000 · cited in 12 South Carolina opinions naming this issue, 2002–2022
2 sentences

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

912
Al-Shabazz v. Stategreen
sc · 2000 · cited in 5 South Carolina opinions naming this issue, 2000–2023
2 sentences

2008See Elmore v. State, 305 S.C. 456 , 409 S.E.2d 397 (1991) (stating the law existing at the time of the offense, not at the time of sentencing, determines whether an ex post facto violation has occurred), overruled on other grounds by Al-Shabazz v. State, 338 S.C. 354 , 527 S.E.2d 742 (2000).

2008See Elmore v. State, 305 S.C. 456 , 409 S.E.2d 397 (1991) (stating the law existing at the time of the offense, not at the time of sentencing, determines whether an ex post facto violation has occurred), overruled on other grounds by Al-Shabazz v. State, 338 S.C. 354 , 527 S.E.2d 742 (2000).

45
State v. Huiettgreen
sc · 1990 · cited in 6 South Carolina opinions naming this issue, 2002–2016
2 sentences

2010Calder v. Bull, 3 U.S. 386, 390 , 3 Dall. 386 , 1 L.Ed. 648 (1798). “[I]n order for the ex post facto clause to be applicable, the statute or the provision in question must be criminal or penal in purpose and nature.” Huiett , 302 S.C. at *619 172, 394 S.E.2d at 487 .

2009A change in the law does not run afoul of the ex post facto clause if it only affects a mode of procedure and does not alter “substantial personal rights.” Huiett, 302 S.C. at 171 , 394 S.E.2d at 487 (quoting Miller, 482 U.S. at 430 , 107 S.Ct. 2446 ).

36
Barton v. South Carolina Department of Probation Parole & Pardon Servicesgreen
sc · 2013 · cited in 4 South Carolina opinions naming this issue, 2016–2023
2 sentences

2023Dep't of Prob., Parole & Pardon Servs., 404 S.C. 395, 419 , 745 S.E.2d 110, 123 (2013) (reviewing a parole denial for an alleged ex post facto violation); see generally Furtick v. S.C.

2023Dep't of Prob., Parole & Pardon Servs., 404 S.C. 395, 419 , 745 S.E.2d 110, 123 (2013) (reviewing a parole denial for an alleged ex post facto violation); see generally Furtick v. S.C.

34
Elmore v. Stategreen
sc · 1991 · cited in 4 South Carolina opinions naming this issue, 1993–2008
2 sentences

2008See Elmore v. State, 305 S.C. 456 , 409 S.E.2d 397 (1991) (stating the law existing at the time of the offense, not at the time of sentencing, determines whether an ex post facto violation has occurred), overruled on other grounds by Al-Shabazz v. State, 338 S.C. 354 , 527 S.E.2d 742 (2000).

2008See Elmore v. State, 305 S.C. 456 , 409 S.E.2d 397 (1991) (stating the law existing at the time of the offense, not at the time of sentencing, determines whether an ex post facto violation has occurred), overruled on other grounds by Al-Shabazz v. State, 338 S.C. 354 , 527 S.E.2d 742 (2000).

34
Sanders v. S.C. Department of Correctionsgreen
scctapp · 2008 · cited in 3 South Carolina opinions naming this issue, 2016–2022
2 sentences

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

33
Furtick v. South Carolina Department of Probation, Parole & Pardon Servicesgreen
sc · 2003 · cited in 2 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023Dep't of Prob., Parole & Pardon Servs., 352 S.C. 594, 598 , 576 S.E.2d 146, 149 (2003) (reviewing an appeal from the Board's decision finding Furtick ineligible for parole because an inmate has a liberty interest in gaining access to the Board and a permanent denial of eligibility implicates a liberty interest requiring due process); Al-Shabazz v. State, 338 S.C. 354 , 376–77, 527 S.E.2d 742, 754 (2000) (finding the ALC has the authority to review non-collateral and administrative agency decisions); cf. Allen v. S.C.

2023Dep't of Prob., Parole & Pardon Servs., 352 S.C. 594, 598 , 576 S.E.2d 146, 149 (2003) (reviewing an appeal from the Board's decision finding Furtick ineligible for parole because an inmate has a liberty interest in gaining access to the Board and a permanent denial of eligibility implicates a liberty interest requiring due process); Al-Shabazz v. State, 338 S.C. 354 , 376–77, 527 S.E.2d 742, 754 (2000) (finding the ALC has the authority to review non-collateral and administrative agency decisions); cf. Allen v. S.C.

22
Cooper v. South Carolina Department of Probation, Parole & Pardon Servicesgreen
sc · 2008 · cited in 2 South Carolina opinions naming this issue, 2009–2022
2 sentences

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

22
Phillips v. Stategreen
sc · 1998 · cited in 2 South Carolina opinions naming this issue, 2003–2013
2 sentences

2013We reject her additional claims pursuant to Rule 220, SCACR, and the following authorities: Connecticut v. Doe, 538 U.S. 1, 8 (2003) (rejecting sex offender’s due process argument requesting a hearing on his current level of dangerousness, and stating those "who assert a right to a hearing under the Due Process Clause must show that the facts they seek to establish in the hearing are relevant to the statutory scheme”); Smith v. Doe, 538 U.S. 84 (2003) (rejecting an ex post facto challenge where sex offender registration and monitoring requirements are civil in nature); Phillips v. State, 331 S

2013We reject her additional claims pursuant to Rule 220, SCACR, and the following authorities: Connecticut v. Doe, 538 U.S. 1, 8 (2003) (rejecting sex offender’s due process argument requesting a hearing on his current level of dangerousness, and stating those "who assert a right to a hearing under the Due Process Clause must show that the facts they seek to establish in the hearing are relevant to the statutory scheme”); Smith v. Doe, 538 U.S. 84 (2003) (rejecting an ex post facto challenge where sex offender registration and monitoring requirements are civil in nature); Phillips v. State, 331 S

22
Futch v. McAllister Towing of Georgetown, Inc.green
sc · 1999 · cited in 2 South Carolina opinions naming this issue, 2009–2012
2 sentences

2009No. 15 at 39, 43) (holding the savings clause accompanying the enacting legislation did not preclude application of section 17-23-175 to cases tried after the date of its enactment because section 17-23-175 did not repeal or amend any existing law); Id. at 45 (finding the application of section 17-23-175 does not constitute an ex post facto violation because the statute deals with evidentiary matters, which are not penal in nature); Futch v. McAllister Towing of Georgetown, Inc. , 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (providing an appellate court need not address additional issues if

2009No. 15 at 39, 43) (holding the savings clause accompanying the enacting legislation did not preclude application of section 17-23-175 to cases tried after the date of its enactment because section 17-23-175 did not repeal or amend any existing law); Id. at 45 (finding the application of section 17-23-175 does not constitute an ex post facto violation because the statute deals with evidentiary matters, which are not penal in nature); Futch v. McAllister Towing of Georgetown, Inc. , 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (providing an appellate court need not address additional issues if

22
White v. Butlergreen
scotus · 1898 · cited in 2 South Carolina opinions naming this issue, 2009–2010
2 sentences

2010See Thompson v. Missouri, 171 U.S. 380 , 18 S.Ct. 922 , 43 L.Ed. 204 (1898) (holding a law admitting previously inadmissible handwriting samples did not violate ex post facto clause); Hopt v. Utah, 110 U.S. 574 , 4 S.Ct. 202 , 28 L.Ed. 262 (1884) (holding admission of convicted felon’s testimony, which was inadmissible at the time the crime was committed, did not violate ex post facto clause).

2009See Thompson v. Missouri, 171 U.S. 380, 386-87 , 18 S.Ct. 922 , 43 L.Ed. 204 (1898) (finding application of law admitting previously inadmissible handwriting samples did not violate ex post facto clause); Hopt v. Utah, 110 U.S. 574, 589 , 4 S.Ct. 202 , 28 L.Ed. 262 (1884) (holding admission of convicted felon’s testimony, inadmissible at the time homicide was committed, did not violate ex post facto clause).

22
Thompson v. Missourigreen
scotus · 1898 · cited in 2 South Carolina opinions naming this issue, 2009–2010
2 sentences

2010See Thompson v. Missouri, 171 U.S. 380 , 18 S.Ct. 922 , 43 L.Ed. 204 (1898) (holding a law admitting previously inadmissible handwriting samples did not violate ex post facto clause); Hopt v. Utah, 110 U.S. 574 , 4 S.Ct. 202 , 28 L.Ed. 262 (1884) (holding admission of convicted felon’s testimony, which was inadmissible at the time the crime was committed, did not violate ex post facto clause).

2010See Thompson v. Missouri, 171 U.S. 380 , 18 S.Ct. 922 , 43 L.Ed. 204 (1898) (holding a law admitting previously inadmissible handwriting samples did not violate ex post facto clause); Hopt v. Utah, 110 U.S. 574 , 4 S.Ct. 202 , 28 L.Ed. 262 (1884) (holding admission of convicted felon’s testimony, which was inadmissible at the time the crime was committed, did not violate ex post facto clause).

22
Miller v. Floridagreen
scotus · 1987 · cited in 6 South Carolina opinions naming this issue, 1990–2009
2 sentences

2009The purpose of an ex post facto clause is to prevent lawmakers from passing “arbitrary or vindictive legislation.” Miller v. Florida, 482 U.S. 423, 429 , 107 S.Ct. 2446 , 96 L.Ed.2d 351 (1987) (citations omitted).

2009The purpose of an ex post facto clause is to prevent lawmakers from passing “arbitrary or vindictive legislation.” Miller v. Florida, 482 U.S. 423, 429 , 107 S.Ct. 2446 , 96 L.Ed.2d 351 (1987) (citations omitted).

16
California Department of Corrections v. Moralesgreen
scotus · 1995 · cited in 3 South Carolina opinions naming this issue, 2000–2017
2 sentences

2017Dep't of Prob., Parole & Pardon Servs., 385 S.C. 476, 479 , 685 S.E.2d 175, 177 (2009) (stating if the parole board "clearly states in its order denying parole that it considered the factors outlined in section 24-21-640 [of the South Carolina Code] and the fifteen factors published in [its parole form] . . . the decision will constitute a routine denial of parole and the ALC will have limited authority to review the decision to determine whether the Board followed proper procedure"); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a c

2017Dep't of Prob., Parole & Pardon Servs., 385 S.C. 476, 479 , 685 S.E.2d 175, 177 (2009) (stating if the parole board "clearly states in its order denying parole that it considered the factors outlined in section 24-21-640 [of the South Carolina Code] and the fifteen factors published in [its parole form] . . . the decision will constitute a routine denial of parole and the ALC will have limited authority to review the decision to determine whether the Board followed proper procedure"); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a c

13
State v. Wallsgreen
sc · 2002 · cited in 3 South Carolina opinions naming this issue, 2004–2017
2 sentences

2017We stated, “For the ex post facto clause to be applicable, the statute or the provision in question must be criminal or penal in purpose and nature.” 348 S.C. at 30 , 558 S.E.2d at 526 .

2017We stated, “For the ex post facto clause to be applicable, the statute or the provision in question must be criminal or penal in purpose and nature.” 348 S.C. at 30 , 558 S.E.2d at 526 .

13
State v. STAHLNECKERgreen
sc · 2010 · cited in 2 South Carolina opinions naming this issue, 2012–2016
2 sentences

2016See, e.g., State v. Anderson, 413 S.C. 212 , 776 S.E.2d 76 (2015) (holding section 17-23-175 did not violate the Confrontation Clause of the Sixth Amendment); State v. Whitner, 399 S.C. 547 , 732 S.E.2d 861 (2012) (holding section 17-23-175 “is a valid legislative enactment,” and does not permit improper bolstering); State v. Stahlnecker, 386 S.C. 609 , 690 S.E.2d 565 (2010) (holding section 17-23-175 merely authorizes the introduction of new evidence and "does not alter substantial personal rights”; therefore, it does not violate ex post facto laws); State v. Bryant, 382 S.C. 505 , 675 S.E.2d

2016See, e.g., State v. Anderson, 413 S.C. 212 , 776 S.E.2d 76 (2015) (holding section 17-23-175 did not violate the Confrontation Clause of the Sixth Amendment); State v. Whitner, 399 S.C. 547 , 732 S.E.2d 861 (2012) (holding section 17-23-175 “is a valid legislative enactment,” and does not permit improper bolstering); State v. Stahlnecker, 386 S.C. 609 , 690 S.E.2d 565 (2010) (holding section 17-23-175 merely authorizes the introduction of new evidence and "does not alter substantial personal rights”; therefore, it does not violate ex post facto laws); State v. Bryant, 382 S.C. 505 , 675 S.E.2d

12
Kansas v. Hendricksgreen
scotus · 1997 · cited in 2 South Carolina opinions naming this issue, 2002–2002
2 sentences

2002Kansas v. Hendricks, 521 U.S. 346 , 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997).

2002Kansas v. Hendricks, 521 U.S. 346 , 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997).

12
James v. South Carolina Department of Probation, Parole & Pardon Servicesgreen
scctapp · 2008 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022Dep't of Prob., Parole & Pardon Servs., 376 S.C. 392, 398 , 656 S.E.2d 399, 403 (Ct. App. 2008) ("[B]ecause [the parole applicant] remains subject to biannual parole reviews, as was the law in 1978, there is no ex post facto violation in this case.

2022Dep't of Prob., Parole & Pardon Servs., 376 S.C. 392, 398 , 656 S.E.2d 399, 403 (Ct. App. 2008) ("[B]ecause [the parole applicant] remains subject to biannual parole reviews, as was the law in 1978, there is no ex post facto violation in this case.

11
Risher v. SOUTH CAROLINA DEPT. OF HEALTHgreen
sc · 2011 · cited in 1 South Carolina opinions naming this issue, 2022–2022
2 sentences

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

2022See Risher, 393 S.C. at 204, 712 S.E.2d at 431 ("A decision of the ALC should be upheld . . . if it is supported by substantial evidence in the record."); Sanders, 379 S.C. at 417 , 665 S.E.2d at 234 (defining "substantial evidence" as "evidence from which reasonable minds could reach the same conclusion" as the ALC); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a change in the law retroactively . . . increases the punishment for a crime."); Cooper, 377 S.C. at 501 , 661 S.E.2d at 112-13 (holding the parole board's consideration of

11
Compton v. South Carolina Department of Probation, Parole & Pardon Servicesgreen
sc · 2009 · cited in 1 South Carolina opinions naming this issue, 2017–2017
2 sentences

2017Dep't of Prob., Parole & Pardon Servs., 385 S.C. 476, 479 , 685 S.E.2d 175, 177 (2009) (stating if the parole board "clearly states in its order denying parole that it considered the factors outlined in section 24-21-640 [of the South Carolina Code] and the fifteen factors published in [its parole form] . . . the decision will constitute a routine denial of parole and the ALC will have limited authority to review the decision to determine whether the Board followed proper procedure"); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a c

2017Dep't of Prob., Parole & Pardon Servs., 385 S.C. 476, 479 , 685 S.E.2d 175, 177 (2009) (stating if the parole board "clearly states in its order denying parole that it considered the factors outlined in section 24-21-640 [of the South Carolina Code] and the fifteen factors published in [its parole form] . . . the decision will constitute a routine denial of parole and the ALC will have limited authority to review the decision to determine whether the Board followed proper procedure"); Jernigan v. State, 340 S.C. 256, 261 , 531 S.E.2d 507, 509 (2000) ("An ex post facto violation occurs when a c

11
Brown v. South Carolina Department of Health & Environmental Controlgreen
sc · 2002 · cited in 1 South Carolina opinions naming this issue, 2016–2016
11
State v. Andersongreen
sc · 2015 · cited in 1 South Carolina opinions naming this issue, 2016–2016
11
State v. Gastergreen
sc · 2002 · cited in 1 South Carolina opinions naming this issue, 2015–2015
11
Pharmaceutical Research and Manufacturers of America v. Walsh, Acting Commissioner, Maine Department of Human Servicesgreen
scotus · 2003 · cited in 1 South Carolina opinions naming this issue, 2013–2013
11
Florida v. Jimenogreen
scotus · 1991 · cited in 1 South Carolina opinions naming this issue, 2013–2013
11
Grant v. South Carolina Coastal Councilgreen
sc · 1995 · cited in 1 South Carolina opinions naming this issue, 2013–2013
11
Curtis v. Stategreen
sc · 2001 · cited in 1 South Carolina opinions naming this issue, 2013–2013
11
Glendening v. Stategreen
fladistctapp · 1987 · cited in 1 South Carolina opinions naming this issue, 2009–2009
11
Villalon v. Stategreen
texapp · 1991 · cited in 1 South Carolina opinions naming this issue, 2009–2009
11
Hall v. Vargasgreen
ga · 2005 · cited in 1 South Carolina opinions naming this issue, 2009–2009
11
Sullivan v. Stategreen
sc · 1998 · cited in 1 South Carolina opinions naming this issue, 2008–2008
11
In Re the Care & Treatment of Matthewsgreen
sc · 2001 · cited in 1 South Carolina opinions naming this issue, 2004–2004
11
Guadagno v. Wallack Ader Levithan Associatesgreen
scotus · 1998 · cited in 1 South Carolina opinions naming this issue, 2002–2002
11
Williams v. Californiagreen
scotus · 1998 · cited in 1 South Carolina opinions naming this issue, 2002–2002
11
Lambrix v. Floridagreen
scotus · 1998 · cited in 1 South Carolina opinions naming this issue, 2002–2002
11
Doe v. Patakigreen
ca2 · 1997 · cited in 1 South Carolina opinions naming this issue, 2002–2002
11
Lynce v. Mathisgreen
scotus · 1997 · cited in 1 South Carolina opinions naming this issue, 2000–2000
11
Hinson v. Coultergreen
ariz · 1986 · cited in 1 South Carolina opinions naming this issue, 1990–1990
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (32)

CaseCitedYears
Flemming v. Nestor green
scotus · 1960
2 sentences

2002State v. Huiett, 302 S.C. 169 , 394 S.E.2d 486 (1990) (citing Flemming v. Nestor, 363 U.S. 603 , 80 S.Ct. 1367 , 4 L.Ed.2d 1435 (1960)).

2002State v. Huiett, 302 S.C. 169 , 394 S.E.2d 486 (1990) (citing Flemming v. Nestor, 363 U.S. 603 , 80 S.Ct. 1367 , 4 L.Ed.2d 1435 (1960)).

41990–2002
State v. Dabney green
sc · 1990
2 sentences

2003In Phillips v. State, under very similar factual circumstances, this Court held “[i]t is not a violation of the ex post facto clause for the legislature to enhance punishment for a later offense based on a prior conviction, even though the enhancement provision was not in effect at the time of the prior offense.” 331 S.C. 482, 484 , 504 S.E.2d 111, 112 (1998) (citing State v. Dabney, 301 S.C. 271 , 391 S.E.2d 563 (1990)).

2003In Phillips v. State, under very similar factual circumstances, this Court held “[i]t is not a violation of the ex post facto clause for the legislature to enhance punishment for a later offense based on a prior conviction, even though the enhancement provision was not in effect at the time of the prior offense.” 331 S.C. 482, 484 , 504 S.E.2d 111, 112 (1998) (citing State v. Dabney, 301 S.C. 271 , 391 S.E.2d 563 (1990)).

31998–2003
Smith v. Doe green
scotus · 2003
2 sentences

2013We reject her additional claims pursuant to Rule 220, SCACR, and the following authorities: Connecticut v. Doe, 538 U.S. 1, 8 (2003) (rejecting sex offender’s due process argument requesting a hearing on his current level of dangerousness, and stating those "who assert a right to a hearing under the Due Process Clause must show that the facts they seek to establish in the hearing are relevant to the statutory scheme”); Smith v. Doe, 538 U.S. 84 (2003) (rejecting an ex post facto challenge where sex offender registration and monitoring requirements are civil in nature); Phillips v. State, 331 S

2013We reject her additional claims pursuant to Rule 220, SCACR, and the following authorities: Connecticut v. Doe, 538 U.S. 1, 8 (2003) (rejecting sex offender’s due process argument requesting a hearing on his current level of dangerousness, and stating those "who assert a right to a hearing under the Due Process Clause must show that the facts they seek to establish in the hearing are relevant to the statutory scheme”); Smith v. Doe, 538 U.S. 84 (2003) (rejecting an ex post facto challenge where sex offender registration and monitoring requirements are civil in nature); Phillips v. State, 331 S

22013–2013
State v. Collins green
sc · 1998
2 sentences

2011Cf. State v. Collins, 329 S.C. 23 , 28 n. 4, 495 S.E.2d 202 , 205 n. 4 (1998) (recognizing that although the ex post facto clause itself does not apply to actions of the judicial branch, judicial decisions applied retroactively can violate the Due Process Clause and that an unforeseeable judicial enlargement of a criminal statute, applied retroactively, “operates precisely like an ex post facto law”).

2011Cf. State v. Collins, 329 S.C. 23 , 28 n. 4, 495 S.E.2d 202 , 205 n. 4 (1998) (recognizing that although the ex post facto clause itself does not apply to actions of the judicial branch, judicial decisions applied retroactively can violate the Due Process Clause and that an unforeseeable judicial enlargement of a criminal statute, applied retroactively, “operates precisely like an ex post facto law”).

22011–2011
Canal Insurance v. Caldwell green
scctapp · 1999
2 sentences

2011Further, ALC Rules 5 and 29(C) contemplate service of an ALC decision by the ALC via the United States Postal Service and not by a party via electronic mail. 4 White relies on the opinions in Ackerman v. 3-V Chemical, Inc., 349 S.C. 212 , 562 S.E.2d 613 (2002), and Canal Insurance Co. v. Caldwell, 338 S.C. 1 , 524 S.E.2d 416 (Ct.App.1999), in support of his assertion that service of the decision by DHEC’s counsel was a proper substitute for service by the ALC.

2011Further, ALC Rules 5 and 29(C) contemplate service of an ALC decision by the ALC via the United States Postal Service and not by a party via electronic mail. 4 White relies on the opinions in Ackerman v. 3-V Chemical, Inc., 349 S.C. 212 , 562 S.E.2d 613 (2002), and Canal Insurance Co. v. Caldwell, 338 S.C. 1 , 524 S.E.2d 416 (Ct.App.1999), in support of his assertion that service of the decision by DHEC’s counsel was a proper substitute for service by the ALC.

22011–2011
Ackerman v. 3-V CHEMICAL, INC. green
sc · 2002
2 sentences

2011Further, ALC Rules 5 and 29(C) contemplate service of an ALC decision by the ALC via the United States Postal Service and not by a party via electronic mail. 4 White relies on the opinions in Ackerman v. 3-V Chemical, Inc., 349 S.C. 212 , 562 S.E.2d 613 (2002), and Canal Insurance Co. v. Caldwell, 338 S.C. 1 , 524 S.E.2d 416 (Ct.App.1999), in support of his assertion that service of the decision by DHEC’s counsel was a proper substitute for service by the ALC.

2011Further, ALC Rules 5 and 29(C) contemplate service of an ALC decision by the ALC via the United States Postal Service and not by a party via electronic mail. 4 White relies on the opinions in Ackerman v. 3-V Chemical, Inc., 349 S.C. 212 , 562 S.E.2d 613 (2002), and Canal Insurance Co. v. Caldwell, 338 S.C. 1 , 524 S.E.2d 416 (Ct.App.1999), in support of his assertion that service of the decision by DHEC’s counsel was a proper substitute for service by the ALC.

22011–2011
Calder v. Bull green
scotus · 1798
2 sentences

2010Calder v. Bull, 3 U.S. 386, 390 , 3 Dall. 386 , 1 L.Ed. 648 (1798). “[I]n order for the ex post facto clause to be applicable, the statute or the provision in question must be criminal or penal in purpose and nature.” Huiett , 302 S.C. at *619 172, 394 S.E.2d at 487 .

2010Calder v. Bull, 3 U.S. 386, 390 , 3 Dall. 386 , 1 L.Ed. 648 (1798). “[I]n order for the ex post facto clause to be applicable, the statute or the provision in question must be criminal or penal in purpose and nature.” Huiett , 302 S.C. at *619 172, 394 S.E.2d at 487 .

22009–2010
Hopt v. People of Territory of Utah green
scotus · 1884
2 sentences

2010See Thompson v. Missouri, 171 U.S. 380 , 18 S.Ct. 922 , 43 L.Ed. 204 (1898) (holding a law admitting previously inadmissible handwriting samples did not violate ex post facto clause); Hopt v. Utah, 110 U.S. 574 , 4 S.Ct. 202 , 28 L.Ed. 262 (1884) (holding admission of convicted felon’s testimony, which was inadmissible at the time the crime was committed, did not violate ex post facto clause).

2010See Thompson v. Missouri, 171 U.S. 380 , 18 S.Ct. 922 , 43 L.Ed. 204 (1898) (holding a law admitting previously inadmissible handwriting samples did not violate ex post facto clause); Hopt v. Utah, 110 U.S. 574 , 4 S.Ct. 202 , 28 L.Ed. 262 (1884) (holding admission of convicted felon’s testimony, which was inadmissible at the time the crime was committed, did not violate ex post facto clause).

22009–2010
Weaver v. Graham green
scotus · 1981
2 sentences

2009An ex post facto clause also ensures that legislative enactments “give fair warning of their effect and permit individuals to rely on their meaning until explicitly changed.” Weaver v. Graham, 450 U.S. 24, 28-29 , 101 S.Ct. 960 , 67 L.Ed.2d 17 (1981).

2009An ex post facto clause also ensures that legislative enactments “give fair warning of their effect and permit individuals to rely on their meaning until explicitly changed.” Weaver v. Graham, 450 U.S. 24, 28-29 , 101 S.Ct. 960 , 67 L.Ed.2d 17 (1981).

21989–2009
State v. Matthews green
sc · 1988
2 sentences

1989We rejected this contention recently in State v. Matthews , 296 S.C. 379 , 373 S.E. (2d) 587 (1988).

1989We rejected this contention recently in State v. Matthews , 296 S.C. 379 , 373 S.E. (2d) 587 (1988).

21989–1989
Hendrix v. Taylor green
sc · 2003
12017–2017
State v. Whitner green
sc · 2012
12016–2016
State v. Bryant green
scctapp · 2009
12016–2016
Alston v. Robinson green
mdd · 1992
12013–2013
Doe v. Bredesen green
ca6 · 2007
12013–2013
Steele v. Benjamin green
scctapp · 2004
12008–2008
Seling v. Young green
scotus · 2001
12004–2004
Jones v. Murray green
ca4 · 1992
12004–2004
In Re the Treatment & Care of Luckabaugh green
sc · 2002
12004–2004
Colacurcio v. City of Kent green
scotus · 2000
12002–2002
cluster 746284 green
ca9 · 1997
12002–2002
Arthur Cutshall, Plaintiff-Appellee/cross-Appellant v. Don Sundquist, Govenor of the State of Tennessee, Defendant-Appellant/cross-Appellee green
ca6 · 1999
12002–2002
Good v. United States green
scotus · 2000
12002–2002
State v. Burdette green
sc · 1999
12001–2001
Cunningham v. Board of Governors of the Federal Reserve System green
scotus · 1997
12000–2000
Roller v. Gunn green
ca4 · 1997
12000–2000
Farris v. State neutral
sc · 1999
12000–2000
Peloquin v. State green
sc · 1996
12000–2000
Coombs v. United States green
scotus · 1997
12000–2000
Hunt v. United States green
scotus · 1997
12000–2000
Gunter v. State green
sc · 1989
11993–1993
Gryger v. Burke green
scotus · 1948
11990–1990

Statutes the citing opinions construe

SC § S.C. Code Ann. § 16-1-60 (14) SC § S.C. Code Ann. § 24-21-640 (13) SC § S.C. Code Ann. § 24-21-645 (10) SC § S.C. Code Ann. § 16-3-20 (5) SC § S.C. Code Ann. § 24-21-10 (5) SC § S.C. Code Ann. § 24-21-620 (5) SC § S.C. Code Ann. § 1-23-610 (4) SC § S.C. Code Ann. § 17-23-175 (4) SC § S.C. Code Ann. § 23-3-400 (4) SC § S.C. Code Ann. § 23-3-430 (4) SC § S.C. Code Ann. § 23-3-460 (4) SC § S.C. Code Ann. § 44-48-30 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 372 (1958–2025) PA 355 (1950–2026) FL 245 (1982–2026) OH 219 (1993–2024) TX 166 (1971–2026) IL 135 (1974–2025) WA 112 (1989–2024) IN 107 (1974–2026) CT 91 (1981–2025) LA 70 (1978–2025) MO 61 (1988–2024) NY 61 (1939–2023) OR 60 (1980–2026) MS 58 (1976–2023) NJ 56 (1978–2026) TN 54 (1993–2025) KS 50 (1987–2026) MI 46 (1942–2026) SC 46 (1989–2023) AZ 43 (1976–2025) NC 42 (1980–2020) IA 40 (1979–2025) KY 29 (1983–2024) AR 29 (1987–2026) MA 29 (1980–2025) WV 27 (1980–2025) WI 27 (1994–2023) RI 26 (1917–2022) MD 25 (1980–2023) DE 23 (1985–2023) OK 23 (1980–2025) CO 22 (1990–2025) GA 22 (1972–2018) AL 21 (1981–2025) AK 21 (1986–2026) MT 20 (1979–2026) NE 17 (1983–2026) VT 17 (2008–2024) ID 17 (1979–2022) DC 17 (1972–2023) NV 16 (1977–2018) MN 15 (1985–2026) HI 15 (1994–2025) VA 14 (1984–2025) ME 14 (1984–2026) SD 11 (1993–2022) ND 10 (1980–2010) UT 10 (1983–2024) NM 9 (2004–2016) WY 7 (1895–2021) NH 6 (1974–2008) PR 4 (1949–1961)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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