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
