Topic: critical to relief under the ex post facto clause is not an… · Go Syfert
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Topic #1531

4 canonical passages across 2 cases, quoted by 178 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Weaver v. Graham.

#Case FlagCanonical passage Citers
1 Weaver v. Graham Anchor
scotus · 1981
green “critical to relief under the ex post facto clause is not an individual's right to less punishment, but the lack of fair notice and governmental restraint when the legislature increases punishment beyond what was prescribed when the crime was consummated.” 56
2 Weaver v. Graham
scotus · 1981
green “which imposes a punishment for an act which was not punishable at the time it was committed; or imposes additional punishment to that then prescribed.” 49
3 Weaver v. Graham
scotus · 1981
green “two critical elements must be present for a criminal or penal law to be ex post facto: it must be retrospective, that is, it must apply to events occurring before its enactment, and it must disadvantage the offender affected by it.” 39
4 Dobbert v. Florida
scotus · 1977
green “even though it may work to the disadvantage of a defendant, a procedural change is not ex post facto.” 34

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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