Lindsey v. Washington, 301 U.S. 397 (1937). · Go Syfert
Lindsey v. Washington, 301 U.S. 397 (1937). Cases Citing This Book View Copy Cite
1,985 citation events (600 in the last 25 years) across 122 distinct courts.
Strongest positive: Holm v. Iowa District Court for Jones County (iowa, 2009-07-06)
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Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Holm v. Iowa District Court for Jones County (3×) also: Cited as authority (quoted)
Iowa · 2009 · signal: accord · quote attribution · 3 verbatim quotes · confidence high
the constitution forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.
examined Cited as authority (verbatim quote) Jordan Holm, Vs. Iowa District Court For Jones County (3×) also: Cited as authority (quoted)
Iowa · 2009 · signal: accord · quote attribution · 3 verbatim quotes · confidence high
the constitution forbids the application of any new 9 punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.
examined Cited as authority (quoted) United States v. Jorge Torrez (3×) also: Cited as authority (rule)
4th Cir. · 2017 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
it could hardly be thought that, if a punishment for murder of life imprisonment or death were changed to death alone, the latter penalty could be applied to homicide committed before the change.
examined Cited as authority (quoted) United States v. Zhen Zhou Wu (3×)
1st Cir. · 2013 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the constitution forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.
examined Cited as authority (quoted) United States v. Dozier (3×)
3rd Cir. · 1997 · quote attribution · 3 verbatim quotes · confidence low
n increase in the possible penalty is ex post facto, regardless of the length of the sentence actually imposed, the measure of punishment prescribed by the later statute is more severe than that of the earlier ....
examined Cited as authority (quoted) United States v. Keith Dozier, Also Known as Pete, Also Known as Keith Bashir. Keith Dozier (3×)
3rd Cir. · 1997 · quote attribution · 3 verbatim quotes · confidence low
n increase in the possible penalty is ex post facto, regardless of the length of the sentence actually imposed, the measure of punishment prescribed by the later statute is more severe than that of the earlier ....
examined Cited as authority (quoted) William J. Prater v. U.S. Parole Commission, and Thomas Keohane, Warden (6×)
7th Cir. · 1985 · quote attribution · 6 verbatim quotes · confidence low
it is true that petitioners might have been sentenced to fifteen years under the old statute. but the ex post facto clause looks to the standard of punishment prescribed by a statute, rather than to the sentence actually imposed.
discussed Cited as authority (rule) Nunez v. Gamboa
S.D. Cal. · 2023 · confidence medium
Application of 14 a statute which removes discretion from a sentencer constitutes an ex post facto violation. 15 Murtishaw v. Woodford, 255 F.3d 926, 965 (9th Cir. 2001), citing Lindsey v. Washington, 16 301 U.S. 397, 399-401 (1936) (“[T]he ex post facto clause looks to the standard of 17 punishment prescribed by a statute, rather than the sentence actually imposed.
discussed Cited as authority (rule) Does 1 - 8 v. Lee (2×) also: Cited "see"
M.D. Tenn. · 2023 · confidence medium
For example, it is accepted as axiomatic that the Clause “forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.” Lindsey v. Washington, 301 U.S. 397, 401 (1937) (citing Kring, 107 U.S. at 228–29; Thompson v. Utah, 170 U.S. 343, 351 (1898); In re Medley, 134 U.S. 160, 171 (1890)).
discussed Cited as authority (rule) United States v. Michael Norwood
3rd Cir. · 2022 · confidence medium
No. 97-291, 6 even so, there is not a significant risk that Norwood would be in violation of that condition if he did not have the resources to make the payment.15 Thus, even if these collateral consequences had any relationship to Norwood’s challenge to the collection of money from his inmate trust account, they would still suffer from two fatal flaws: they “rest[] on speculation,” Garner, 529 U.S. at 256 , and they produce nothing more than “some ambiguous sort of ‘disadvantage,’” Morales, 514 U.S. at 506 n.3 (quoting Lindsey v. Washington, 301 U.S. 397, 401 (1937); Weaver v. G…
discussed Cited as authority (rule) Karsten Koch v. Village of Hartland
7th Cir. · 2022 · confidence medium
The Supreme Court has recognized the values embodied by the Ex Post Facto Clauses and adhered to a broader under- standing of retroactivity than used by our court.2 The clearest formulation of the retroactivity inquiry—and the one we 2 See, e.g., Stogner, 539 U.S. at 612 ; Smith v. Doe, 538 U.S. 84 , 92–95 (2003); Carmell, 529 U.S. at 533 ; Morales, 514 U.S. at 504–05; Collins v. Youngblood, 497 U.S. 37 , 41–42 (1990); Weaver, 450 U.S. at 28 ; Dobbert v. Florida, 432 U.S. 282, 298 (1977); Lindsey v. Washington, 301 U.S. 397, 401 (1937); Rooney v. North Dakota, 196 U.S. 319 , 324–25 (…
discussed Cited as authority (rule) Jordan v. Lee (2×) also: Cited "see"
M.D. Tenn. · 2022 · confidence medium
For example, it is accepted as axiomatic that the Clause “forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.” Lindsey v. Washington, 301 U.S. 397, 401 (1937) (citing Kring, 107 U.S. at 228–29; Thompson v. Utah, 170 U.S. 343, 351 (1898); In re Medley, 134 U.S. 160, 171 (1890)).
discussed Cited as authority (rule) Reid v. Lee (2×) also: Cited "see"
M.D. Tenn. · 2022 · confidence medium
For example, it is accepted as axiomatic that the Clause “forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.” Lindsey v. Washington, 301 U.S. 397, 401 (1937) (citing Kring, 107 U.S. at 228–29; Thompson v. Utah, 170 U.S. 343, 351 (1898); In re Medley, 134 U.S. 160, 171 (1890)).
discussed Cited as authority (rule) Terrell v. Kansas, State of
D. Kan. · 2021 · confidence medium
To violate the ex post facto clause, a law “must be retrospective, that is, it must apply to events occurring before its enactment” and “must disadvantage the offender affected by it.” Weaver v. Graham, 450 U.S. 24, 29 (1981) (citing Lindsey v. Washington, 301 U.S. 397, 401 (1937)).
discussed Cited as authority (rule) Doe v. Lee
M.D. Tenn. · 2021 · confidence medium
The Ex Post Facto Clause “forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.” Lindsey v. Washington, 301 U.S. 397, 401 (1937) (citing Kring, 107 U.S. at 228–29; Thompson v. Utah, 170 U.S. 343, 351 (1898); In re Medley, 134 U.S. 160, 171 (1890)).
discussed Cited as authority (rule) Jordan v. Lee
M.D. Tenn. · 2020 · confidence medium
For example, it is accepted as axiomatic that the Clause “forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.” Lindsey v. Washington, 301 U.S. 397, 401 (1937) (citing Kring, 107 U.S. at 228–29; Thompson v. Utah, 170 U.S. 343, 351 (1898); In re Medley, 134 U.S. 160, 171 (1890)).
discussed Cited as authority (rule) State v. Ramseur
N.C. · 2020 · confidence medium
The Supreme Court has explained that “the ex post facto clause looks to the standard of punishment prescribed by a statute, rather than to the sentence actually imposed” and that “an increase in the possible penalty is ex post facto, regardless of the length of the sentence actually imposed, since the measure of punishment prescribed by the later statute is more severe than that of the earlier.” Lindsey, 301 U.S. 397, 401 (citations omitted).
discussed Cited as authority (rule) State v. Ramseur
N.C. · 2020 · confidence medium
The Supreme Court has explained that “the ex post facto clause looks to the standard of punishment prescribed by a statute, rather than to the sentence actually imposed” and that “an increase in the possible penalty is ex post facto, regardless of the length of the sentence actually imposed, since the measure of punishment prescribed by the later statute is more severe than that of the earlier.” Lindsey, 301 U.S. 397, 401 (citations omitted).
discussed Cited as authority (rule) State v. Ramseur
N.C. · 2020 · confidence medium
The Supreme Court has explained that “the ex post facto clause looks to the standard of punishment prescribed by a statute, rather than to the sentence actually imposed” and that “an increase in the possible penalty is ex post facto, regardless of the length of the sentence actually imposed, since the measure of punishment prescribed by the later statute is more severe than that of the earlier.” Lindsey, 301 U.S. 397, 401 (citations omitted).
discussed Cited as authority (rule) Holt v. Kemper
E.D. Wis. · 2019 · confidence medium
Id. (quoting Calder v. Bull, 3 Dall. 386, 390 (1798)). “[T]wo 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.” Weaver v. Graham, 450 U.S. 24, 29 (1981) (citing Lindsey v. Washington, 301 U.S. 397, 401 (1937)).
discussed Cited as authority (rule) State of Tennessee v. Ashley N. Menke
unknown court · 2018 · confidence medium
App. Aug. 11, 1994) (citing Lindsey v. Washington, 301 U.S. 397, 401 (1937) and Pearson, 858 S.W.2d at 882-83 ), perm. app. denied (Tenn. Jan. 30, 1995). -4- The State filed a “Motion to Correct Illegal Sentence[,]” which it later withdrew, and then timely filed its notice of appeal.
cited Cited as authority (rule) State v. Williams
Wis. Ct. App. · 2017 · confidence medium
See Weaver v. Graham, 450 U.S. 24 , 32 n.17 (1981); Lindsey v. Washington, 301 U.S. 397, 400 (1937).
examined Cited as authority (rule) State v. Tabitha A. Scruggs (6×) also: Cited "see"
Wis. · 2017 · confidence medium
The proper approach is to determine whether the mandatory DNA surcharge statute is an unconstitutional ex post facto violation on its face.8 ¶67 The text of the statutory mandatory DNA surcharge demonstrates that the DNA surcharge is punitive in effect and not merely a reasonable civil charge to fund the estimated costs of state DNA programs: Compare People v. Stead, 845 P.2d 1156, 1160 (Colo. 1993) (resting its conclusion that a drug offender surcharge had a punitive intent in part on the ground that "[t]he surcharge at issue is part of Colorado's criminal code" and in part on "[t]he amount …
discussed Cited as authority (rule) State Ex Rel. Singh v. Kemper (2×)
Wis. · 2016 · confidence medium
Although the United States Supreme Court strayed from this historical meaning of the ex post facto clause over the years, by expanding it to include any change in punishment that disadvantaged a defendant, see Kring v. Missouri, 107 U.S. 221 (1883), Lindsey v. Washington, 301 U.S. 397, 401 (1937), Weaver, 10 No. 2013AP1724-CR.rgb 450 U.S. at 32 , and Miller v. Florida, 482 U.S. 423, 433-34 (1987), the Court later rejected the "disadvantaged" test. ¶238 In Collins v. Youngblood, 497 U.S. 37, 50 , (1990), the Supreme Court overruled Kring v. Missouri: The holding in Kring can only be justified …
discussed Cited as authority (rule) People v. Licona CA4/3
Cal. Ct. App. · 2015 · confidence medium
(Lindsey v. Washington (1937) 301 U.S. 397, 400-401 [retroactive application of statutory amendment that made punishment more harsh than it had been when the crime was committed violated ex post facto clause]; People v. Delgado (2006) 140 Cal.App.4th 1157, 1167-1171 [ex post facto clause is violated when later-enacted statute removes discretion to sentence the defendant to a lower term].) Defendant argues that we must reverse and remand the case for resentencing under the proper version of the One Strike Law.
discussed Cited as authority (rule) United States v. Lesley
N.M.C.C.A. · 2015 · confidence medium
However, “[t]he Constitution forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer.” Lindsey v. Washington, 301 U.S. 397, 401 (1937) (citations omitted). 6 Such was not the case here.
discussed Cited as authority (rule) State ex rel. Singh v. Kemper (2×)
Wis. Ct. App. · 2014 · confidence medium
Lindsey, 301 U.S. at 398, 400 (emphasis added).
discussed Cited as authority (rule) P. v. Moore CA3
Cal. Ct. App. · 2014 · confidence medium
Because this statute is considered punishment for purposes of ex post facto analysis (People v. Valenzuela (2009) 172 Cal.App.4th 1246, 1248 (Valenzuela)), the minimum fine in effect at the time of defendant’s offenses was controlling (see John L. v. Superior Court (2004) 33 Cal.4th 158, 182 , citing Lindsey v. Washington (1937) 301 U.S. 397, 400 [ 81 L.Ed. 1182, 1185 ] (Lindsey) [cannot increase minimum punishment after commission of offense]).
discussed Cited as authority (rule) People v. Moore CA3
Cal. Ct. App. · 2014 · confidence medium
Because this statute is considered punishment for purposes of ex post facto analysis (People v. Valenzuela (2009) 172 Cal.App.4th 1246, 1248 (Valenzuela)), the minimum fine in effect at the time of defendant’s offenses was controlling (see John L. v. Superior Court (2004) 33 Cal.4th 158, 182 , citing Lindsey v. Washington (1937) 301 U.S. 397, 400 [ 81 L.Ed. 1182, 1185 ] (Lindsey) [cannot increase minimum punishment after commission of offense]).
discussed Cited as authority (rule) People v. Helsema CA3
Cal. Ct. App. · 2014 · confidence medium
However, the minimum in effect at the time of defendant’s offense in 2012 was $240. (§ 1202.4, subd. (b)(1).) Because this statute is considered punishment for purposes of ex post facto analysis (People v. Valenzuela (2009) 172 Cal.App.4th 1246, 1248 ), the minimum fine in effect at the time of defendant’s offenses was controlling (see John L. v. Superior Court (2004) 33 Cal.4th 158, 182 , citing Lindsey v. Washington (1937) 301 U.S. 397, 400 [ 81 L.Ed. 1182 ] [cannot increase minimum punishment after commission of offense]).
discussed Cited as authority (rule) People v. Dawson CA3
Cal. Ct. App. · 2014 · confidence medium
Because this statute is considered punishment for purposes of ex post facto analysis (People v. Valenzuela (2009) 172 Cal.App.4th 1246, 1248 (Valenzuela)), the minimum fine in effect at the time of defendant’s offenses was controlling (see John L. v. Superior Court (2004) 33 Cal.4th 158, 182 , citing Lindsey v. Washington (1937) 301 U.S. 397, 400 [ 81 L.Ed. 1182 ] (Lindsey) [cannot increase minimum punishment after commission of offense]). 7 Again, defense counsel failed to raise this issue at the time of sentencing.
discussed Cited as authority (rule) Doe v. Department of Public Safety & Correctional Services
Md. · 2013 · confidence medium
In Anderson , we found further support for the “disadvantage” standard in four other United States Supreme Court cases: Miller v. Florida, 482 U.S. 423, 430-31 , 107 S.Ct. 2446, 2451-52 , 96 L.Ed.2d 351, 360-61 (1987); Weaver, 450 U.S. at 29, 33 , 101 S.Ct. at 964, 966-67 , 67 L.Ed.2d at 23, 26 ; Lindsey v. Washington, 301 U.S. 397, 401-02 , 57 S.Ct. 797, 799 , 81 L.Ed. 1182, 1186 (1937); and In re Medley, 134 U.S. 160, 171 , 10 S.Ct. 384, 387 , 33 L.Ed. 835, 840 (1890). 310 Md. at 226-27 , 528 A.2d at 909 .
cited Cited as authority (rule) Gotay Flores v. Administración de Corrección
prsupreme · 2011 · confidence medium
(Enfasis nuestro.) Véase Lindsey v. Washington, 301 U.S. 397, 401 (1937).
cited Cited as authority (rule) State v. Madsen
Wash. Ct. App. · 2009 · confidence medium
Lindsey, 301 U.S. at 400-01 (citations omitted); see also Miller v. Florida, 482 U.S. 423 , 107 S. Ct. 2446 , 96 L.
examined Cited as authority (rule) State v. Fortin (4×)
N.J. · 2009 · confidence medium
In Lindsey v. Washington, an amended Washington criminal statute imposed a mandatory fifteen-year sentence for grand larceny, when at the time the defendant committed the crime, fifteen years was the maximum sentence. 301 U.S. 397, 400 , 57 S.Ct. 797, 798-99 , 81 L.Ed. 1182, 1185 (1937).
discussed Cited as authority (rule) State v. Fortin
N.J. Super. Ct. App. Div. · 2008 · confidence medium
It is for this reason that an increase in the possible penalty is ex post facto, regardless of the length of the sentence actually imposed, since the measure of punishment prescribed by the later statute is more severe than that of the earlier. [ Lindsey v. Washington, 301 U.S. 397, 401 , 57 S.Ct. 797, 799 , 81 L.Ed. 1182, 1186 (1937) (citations omitted).] [4] "[W]hether the standards of punishment set up before and after the commission of an offense differ, and whether the later standard is more onerous than the earlier within the meaning of the [federal] constitutional prohibition, are feder…
cited Cited as authority (rule) Taylor v. State
Iowa Ct. App. · 2008 · confidence medium
See Weaver v. Graham, 450 U.S. 24, 33 , 101 S.Ct. 960, 966-67 , 67 L.Ed.2d 17, 26 (1981); Lindsey v. Washington, 301 U.S. 397, 400-01 , 57 S.Ct. 797, 798-99 , 81 L.Ed. 1182, 1185-86 (1937).
discussed Cited as authority (rule) Hernandez De Anderson v. Gonzales
9th Cir. · 2007 · confidence medium
The Court wrote that “[t]here is a clear difference, for the purposes of retroactivity analysis, between facing possible deportation and facing cer- tain deportation.” Id. at 325 (citing Hughes Aircraft, 520 U.S. at 949 ; Lindsey v. Washington, 301 U.S. 397, 401 (1937)).
discussed Cited as authority (rule) Dyer v. Bowlen
6th Cir. · 2006 · confidence medium
In Lindsey v. Washington, 301 U.S. 397, 401-02 (1937), the Supreme Court concluded without benefit of empirical analysis that “[i]t is plainly to the substantial disadvantage of petitioners to be deprived of all opportunity to receive a sentence which would give them freedom from custody and control prior to the expiration of the 15-year term.” In Miller v. Florida, 482 U.S. 423, 430 (1987), the Court without empirical analysis held that changes to Florida’s presumptive sentencing guidelines clearly “change[d] the legal consequences of acts completed before its effective date.” The M…
discussed Cited as authority (rule) People v. Delgado
Cal. Ct. App. · 2006 · confidence medium
(See Lindsey v. Washington (1937) 301 U.S. 397, 400 [ 81 L.Ed. 1182 , 57 S.Ct. 797 ] (Lindsey) [holding amended statute changing sentence from discretionary term to mandatory 15-year term violated ex post facto clause]; Miller, supra, 482 U.S. at p. 435 [holding revised sentencing guideline creating “high hurdle” before sentencing judge could exercise discretion violated ex post facto clause]; see also Williams v. Roe (9th Cir. 2005) 421 F.3d 883, 887 [applying California law and finding ex post facto violation where amended section 654 removed judge’s discretion to impose lighter senten…
discussed Cited as authority (rule) Williams v. Roe
9th Cir. · 2005 · confidence medium
The Lindsey court reasoned that such “an increase in the possible penalty is ex post facto, regardless of the length of the sentence actu- ally imposed, since the measure of punishment prescribed by the later statute is more severe than that of the earlier.” Id. at 401 (citations omitted).
discussed Cited as authority (rule) United States v. Shane L. Borer
8th Cir. · 2005 · confidence medium
See Miller v. Florida, 482 U.S. 423, 431-33 (1987) (defendant was "substantially disadvantaged" by change in calculation of primary offense points under sentencing guidelines which altered his presumptive sentence from 3½ - 4½ years to 5½ - 7 years); Weaver, 450 U.S. at 33 (statute reducing the amount of "gain- time" credits a prisoner could receive was unconstitutional as an ex post facto law); Lindsey v. Washington, 301 U.S. 397, 400-01 (1937) (change in punishment from a range of years with a maximum of 15 years to a mandatory sentence of 15 years violated the Ex Post Facto Clause); cf. …
discussed Cited as authority (rule) United States v. Shane L. Borer
8th Cir. · 2005 · confidence medium
See Miller v. Florida, 482 U.S. 423, 431-33 (1987) (defendant was "substantially disadvantaged" by change in calculation of primary offense points under sentencing guidelines which altered his presumptive sentence from 3½ - 4½ years to 5½ - 7 years); Weaver, 450 U.S. at 33 (statute reducing the amount of "gain- time" credits a prisoner could receive was unconstitutional as an ex post facto law); Lindsey v. Washington, 301 U.S. 397, 400-01 (1937) (change in punishment from a range of years with a maximum of 15 years to a mandatory sentence of 15 years violated the Ex Post Facto Clause); cf. …
discussed Cited as authority (rule) Thompson v. State
Ga. · 2004 · confidence medium
The ex post facto doctrine “ ‘forbids the application of any new punitive measure to a crime already consummated.’ ” California Dept. of Corrections v. Morales, 514 U. S. 499, 505 (115 SC 1597, 131 LE2d 588) (1995) (quoting Lindsey v. Washington, 301 U. S. 397, 401 (57 SC 797, 81 LE 1182) (1937)).
discussed Cited as authority (rule) John L. v. Superior Court
Cal. · 2004 · confidence medium
For example, an ex post facto violation occurs where laws setting the length of a prison sentence are revised after the crime to contain either a longer mandatory minimum term (Lindsey v. Washington (1937) 301 U.S. 397, 400 [ 81 L.Ed. 1182 , 57 S.Ct. 797 ]), or a higher presumptive sentencing range ( Miller, supra, 482 U.S. 423, 432-433 ).
examined Cited as authority (rule) David L. Murtishaw v. Jeanne Woodford, Warden of the California State Prison at San Quentin (9×) also: Cited "see"
9th Cir. · 2001 · confidence medium
Lindsey, SOI U. S. at 399, 57 S.Ct. 797 .
discussed Cited as authority (rule) Immigration & Naturalization Service v. St. Cyr (2×)
SCOTUS · 2001 · confidence medium
Schumer, 520 U. S. 939, 949 (1997) (an increased likelihood of facing a qui tam action constitutes an impermissible retroactive effect for the defendant); Lindsey v. Washington, 301 U. S. 397, 401 (1937) ("Removal of the possibility of a sentence of less than fifteen years . . . operates to [defendants'] detriment" (emphasis added)).
examined Cited as authority (rule) People v. F.G. (3×) also: Cited "see"
Ill. App. Ct. · 2000 · confidence medium
Ed. 1182, 1185-86 , 57 S. Ct. 797, 798-99 (1937) (holding that a change in a sentencing provision that eliminated the minimum sentence and made the former maximum sentence mandatory violated ex post facto laws as applied to petitioner); Barger, 163 Ill. 2d at 363 (holding that a new provision that excluded inmates from the opportunity to increase good-conduct credit violated ex post facto principles).
cited Cited as authority (rule) Scott v. State
Tex. App. · 2000 · confidence medium
Lindsey v. Washington, 301 U.S. 397, 401 , 57 S.Ct. 797 , 81 L.Ed. 1182, 1186 (1937).
discussed Cited as authority (rule) In Re RT
Ill. App. Ct. · 2000 · confidence medium
It does not matter that the court might also have committed R.T. to a juvenile facility under the previous sentencing scheme. "[T]he ex post facto clause looks to the standard of punishment prescribed by a statute, rather than to the sentence actually imposed." Lindsey v. Washington, 301 U.S. 397, 401 , 57 S.Ct. 797, 799 , 81 L.Ed. 1182, 1186 (1937).
LINDSEY Et Al.
v.
WASHINGTON
660.
Supreme Court of the United States.
May 17, 1937.
301 U.S. 397
Mr. Spencer Gordon for petitioners., Messrs. C. C. Quackenbush and Ralph E. Foley, with whom Mr. A. O. Colburn was on the brief, for respondent.
Stone.
Cited by 553 opinions  |  Published
5 passages pin-cited by 7 cases
Pinpoint authority: #10,369 of 633,719
Citer courts: Third Circuit (6) · Seventh Circuit (6) · Supreme Court of Iowa (4) · First Circuit (3) · Fourth Circuit (2)
Mr. Justice Stone

delivered the opinion of the Court.

In this case certiorari was granted to review a decision of the Supreme Court of Washington, 187 Wash. 346; 61 P. (2d) 293, that Chapter 114 of the Laws of Washington, 1935, under which petitioners were sentenced to terms of imprisonment, is not an ex post facto law prohibited by Article I, § 10, of the Federal Constitution.

Petitioners were convicted in the state court of the crime of grand larceny, made a felony by state law,[*398] § 2601 (2), Remington Rev. Stat., and sentenced to be punished by confinement in the state penitentiary and reformatory respectively for terms of not more than fifteen years. On April 15, 1935, the date of. the commission of the offense, the prescribed penalty for grand larceny was imprisonment “for not more than fifteen years.” No minimum term was prescribed. Remington Rev. Stat., § 2605. On that date, the statutes also provided, Remington Rev. Stat., § 2281, for indeterminate sentences for any felony “for which no fixed period of confinement is imposed by law.” All such sentences were required to be “for a term not less than the minimum nor greater than the maximum term of imprisonment prescribed by law for the offense . . . and where no minimum term of imprisonment is prescribed by law, the court shall fix the same in his discretion at not less than six months nor more than five years; . . .” Section 2282, as modified by § 10803, provided for a parole board which could “at any time after the expiration of the minimum term of imprisonment . . . direct that any prisoner . . . shall be released on parole. ...”

The Act of June 12, 1935, enacted after petitioners’ commission of the offense and before sentence, modifies the sections relating to indeterminate sentences and paroles and provides, so far as now relevant, § 2, paragraph 1, that upon conviction of a felony “the court . . . shall fix the maximum term of such person’s sentence only. The maximum term to be fixed by the court shall be the maximum provided by law for the crime of which such person was convicted, if the law provides for a maximum term.” It also provides, § 2, paragraph 4, that within six months after the admission of a convicted person to the place of confinement, the board of prison, terms and paroles “. . . shall fix the duration of his or her confinement. The term of imprisonment so fixed shall not exceed the maximum provided by law for the[*399] offense for which he or she was convicted or the maximum fixed by the court, where the law does not provide for a maximum term.”

By § 2, paragraph 6, if the person undergoing sentence commits any infraction of the rules and regulations of the place of confinement, the board “. . . may revoke any order theretofore made determining the length of the time such convicted person shall be imprisoned and make a new order determining the length of time he or she shall serve, not exceeding the maximum penalty provided by law for the crime for which he or she was convicted.” It is provided, § 4, that a convicted person may be released on parole by the board after he has served the period of confinement fixed by the board, less time credits for good behavior and diligence which may not exceed “one-third of his sentence as fixed by the board,” and that the board shall have power “. . . to return such person to the confines of the institution from which he or she was paroled, at its discretion.” The governor is authorized to cancel and revoke paroles granted by the board, and the period following cancellation or revocation of parole, and prior to the convicted person’s return to custody, is not a “part of his term.”

The sentences of not more than fifteen years imposed on petitioners were the maximum provided by law, and were made mandatory by the Act of 1935. In obedience to its command the court fixed no minimum. It does not appear from the record whether the board of prison, terms and paroles has fixed the “duration” of petitioners’ “confinement.” Numerous grounds are urged by petitioners in support of their contention that the sentence authorized by the later statute is ex post facto as applied to their offense, committed before its enactment. We find it necessary to consider only one.

In sustaining the sentence the Supreme Court of Washington, without analysis or comparison of the prac[*400] tical operation of the two statutes, declared “The amending act does not change or inflict a greater punishment than the law in force when the alleged crime was committed for the court could under the law in force at that time pronounce a maximum sentence of not more than fifteen years. The minimum and maximum punishments remain the same as before the enactment of the act of 1935.” This Court, in applying the ex post facto prohibition of the Federal Constitution to state laws, accepts the meaning ascribed to them by the highest court of the state. But when their meaning is thus established, whether the standards of punishment set up before and after the commission of an offense differ, and whether the later standard is more onerous than the earlier within the meaning of the constitutional prohibition, are federal questions which this Court will determine for itself. Cummings v. Missouri, 4 Wall. 277, 320, rev’g, State v. Cummings, 36 Mo. 263, 273; Kring v. Missouri, 107 U. S. 221, 223-224, 231-232. To answer them we compare the practical operation of the two statutes as applied to petitioners’ offense.

Under the earlier § 2281, as the state concedes, the prisoners could have been sentenced for a maximum term less than the fifteen year penalty authorized by the statute. Under the later statute, the sentence by the court, as commanded by § 2, was for fifteen years, and the “duration of confinement” to be fixed by the board of prison, terms and paroles may be for any number of years not exceeding fifteen.

The effect of the new statute is to make mandatory what was before only the maximum sentence. Under it the prisoners may be held to confinement during the entire fifteen year period. Even if they are admitted to parole, to which they become eligible after the expiration of the terms fixed by the board, they remain subject to its surveillance and the parole may, until the expira[*401] tion of the fifteen years, be revoked at the discretion of the board or cancelled at the will of the governor. It is true that petitioners might have been sentenced to fifteen years under the old statute. But the ex post facto clause looks to the standard of punishment prescribed by a statute, rather than to the sentence actually imposed. The Constitution forbids the application of any new punitive measure to a crime already consummated, to the detriment or material disadvantage of the wrongdoer. Kring v. Missouri, supra, 228-229; In re Medley, 134 U. S. 160, 171; Thompson v. Utah, 170 U. S. 343, 351. It is for this reason that an increase in the possible penalty is ex post facto, Calder v. Bull, 3 Dall. 386, 390; Cummings v. Missouri, supra, 326; Malloy v. South Carolina, 237 U. S. 180, 184, regardless of the length of the sentence actually imposed, since the measure of punishment prescribed by the later statute is more severe than that of the earlier, State v. Callahan, 109 La. 946; 33 So. 931; State v. Smith, 56 Ore. 21; 107 Pac. 980.

Removal of the possibility of a sentence of less than fifteen years, at the end of which petitioners would be freed from further confinement and the tutelage of a parole revocable at will, operates to their detriment in the sense that the standard of punishment adopted by the new statute is more onerous than that of the old. It could hardly be thought that, if a punishment for murder of life imprisonment or death were changed to death alone, the latter penalty could be applied to homicide committed before the change. Marion v. State, 16 Neb. 349; 20 N. W. 289. Yet this is only a more striking instance of the detriment which ensues from the revision of a statute providing for a maximum and minimum punishment by making the maximum compulsory. We need not inquire whether this is technically an increase in the punishment annexed to the crime, see Calder v. Bull, supra, 390. It is plainly to the substantial disadvantage[*402] of petitioners to be deprived of all opportunity to receive a sentence which would give them freedom from custody and control prior to the expiration of the 15-year term.

Petitioners were wrongly sentenced under the Act of 1935. Whether, in consequence of the invalidity of the later act, as applied to petitioners, they may be sentenced under the earlier, is a question for the state court.

The cause will be reversed and remanded for further proceedings, not inconsistent with this opinion.

Reversed.