Friday, March 15, 2013

KY SC - Miller - Ex Post Facto, Instructions

John Miller v.Commonwealth – KSC, 2/21/13, to be published 

 The Court reversed and remanded for a new sentencing hearing and vacated all costs and fees. The Court held there was an Ex Post Facto violation “because the jury instructions as written resulted in convictions for Class B incest, even though that penalty level was the result of a statutory amendment in the middle of the period of time in which the offenses were alleged to have occurred. During part of that time period, the incest statutes only allowed conviction of a Class C felony…As written, the instructions do not make that distinction [of when the offenses occurred], and there is no way to know whether the jury convicted him of a Class C or a Class B incest offense.” 

Contributed by Erin Yang