collins youngblood argued march decided june respondent convicted texas state aggravated sexual assault sentenced life imprisonment fine conviction sentence affirmed direct appeal applied writ habeas corpus state arguing texas law authorize fine prison term offense thus judgment sentence void entitled new trial bound state criminal appeals decision recommended writ granted writ considered criminal appeals however new statute passed allowing appellate reform improper verdict assessing punishment authorized law thus criminal appeals reformed verdict ordering fine deleted denied request new trial arguing new texas law retroactive application violated ex post facto clause art federal constitution respondent filed writ habeas corpus federal district denied appeals reversed relying statement thompson utah retroactive procedural statutes violate ex post facto clause unless leave untouched substantial protections existing law surrounds accused held respondent right new trial former texas law substantial protection held although rule teague lane prohibits retroactive application new rules cases collateral review grounded important considerations relations jurisdictional sense despite limited grant certiorari must raise decide issue sua sponte since texas chosen rely teague merits respondent claim considered pp application texas statute respondent prohibited ex post facto clause pp definition ex post facto law one punishes crime act previously committed innocent done makes burdensome punishment crime commission deprives one charged crime defense available according law time act committed beazell ohio faithful best knowledge original understanding clause legislatures may retroactively alter definition crimes increase punishment criminal acts respondent concedes texas statute fall within beazell categories since procedural change law however errs arguing decisions limited clause scope categories stated broadly retroactive legislation contravenes clause deprives accused substantial protection law existing time crime new trial guaranteed texas law protection cases described procedural changes violate clause even though work accused disadvantage see beazell supra logical presume procedural refers changes procedures criminal case adjudicated opposed substantive changes law substantial protection discussion beazell duncan missouri malloy south carolina imported confusion clause interpretation read mean legislature immunize law scrutiny clause simply labeling law procedural read adopt without explanation undefined enlargement clause pp kring missouri thompson utah supra inconsistent understanding term ex post facto law time constitution adopted rely reasoning followed since thompson decided caused confusion state lower federal courts clause scope kring thompson therefore overruled pp rehnquist delivered opinion white blackmun scalia kennedy joined stevens filed opinion concurring judgment brennan marshall joined post charles palmer assistant attorney general texas argued cause petitioner brief jim mattox attorney general mary keller first assistant attorney general michael hodge assistant attorney general jon farrar argued cause filed brief respondent solicitor general starr assistant attorney general dennis deputy solicitor general bryson james feldman filed brief amicus curiae urging reversal arthur mathews thomas connell filed brief wilbert lee evans amicus curiae chief justice rehnquist delivered opinion question presented case whether application texas statute passed respondent crime allowed reformation improper jury verdict respondent case violates ex post facto clause art hold respondent carroll youngblood convicted texas aggravated sexual abuse jury imposed punishment life imprisonment fine conviction sentence affirmed texas criminal appeals youngblood applied writ habeas corpus state district argued texas code criminal procedure authorize fine addition term imprisonment offense thus decision criminal appeals bogany state judgment sentence void entitled new trial april district feeling bound bogany recommended writ granted habeas application considered texas criminal appeals exclusive power texas law grant writs habeas corpus see tex code art vernon supp new texas statute designed modify bogany decision became effective article june allows appellate reform improper verdict assesses punishment authorized law art vernon supp see ex parte johnson relying statute criminal appeals reformed verdict youngblood case ordering deletion fine denied request new trial youngblood sought writ habeas corpus district eastern district texas arguing retroactive application article violated ex post facto clause art federal constitution district concluded since youngblood punishment increased actually decreased elements offense ultimate facts necessary establish guilt changed ex post facto violation app pet cert appeals reversed youngblood lynaugh relied statement decision thompson utah retroactive procedural statutes violate ex post facto clause unless leave untouched substantial protections existing law surrounds person accused crime lynaugh supra quoting held youngblood right new trial bogany decision substantial protection therefore ordered writ habeas corpus issued granted certiorari respondent us collateral review faced threshold question whether relief sought youngblood constitute new rule apply retroactively decisions teague lane butler mckellar generally speaking etroactivity properly treated threshold question new rule applied defendant case announcing rule justice requires applied retroactively similarly situated teague supra state texas however address retroactivity petition certiorari briefs merits asked issue oral argument counsel answered state chosen rely teague tr oral arg although teague rule grounded important considerations relations think jurisdictional sense despite limited grant certiorari must raise decide issue sua sponte cf patsy board regents eleventh amendment defense need raised decided motion granted certiorari consider merits respondent ex post facto claim proceed although latin phrase ex post facto literally encompasses law passed fact long recognized constitutional prohibition ex post facto laws applied penal statutes disadvantage offender affected calder bull dall opinion chase opinion paterson opinion iredell see miller florida early opinions explained ex post facto law term art established meaning time framing constitution calder dall opinion chase opinion paterson justice chase familiar opinion calder expounded legislative acts view implicated core concern ex post facto clauses every law makes action done passing law innocent done criminal punishes action every law aggravates crime makes greater committed every law changes punishment inflicts greater punishment law annexed crime committed every law alters legal rules evidence receives less different testimony law required time commission offense order convict offender emphasis original settled decisions well known citation may dispensed statute punishes crime act previously committed innocent done makes burdensome punishment crime commission deprives one charged crime defense available according law time act committed prohibited ex post facto beazell formulation faithful best knowledge original understanding ex post facto clause legislatures may retroactively alter definition crimes increase punishment criminal acts several early state constitutions employed definition term appear basis framers understanding provision see federalist cooke ed madison farrand records federal convention calder dall opinion chase opinion paterson constitutions maryland north carolina example declared retrospective laws punishing facts committed existence laws declared criminal oppressive unjust incompatible liberty wherefore ex post facto law made see constitution maryland declaration rights art xv constitution north carolina declaration rights art xxiv state constitutions though using phrase ex post facto included similar articles see declaration rights fundamental rules delaware state constitution form government commonwealth massachusetts declaration rights art xxiv another historical reference blackstone commentaries discussed framers debates ex post facto clause see farrand records federal convention deemed authoritative source technical meaning term calder see dall opinion chase opinion paterson buttresses understanding according blackstone law ex post facto action indifferent committed legislator first time declares crime inflicts punishment upon person committed blackstone commentaries although increased punishments mentioned explicitly historical sources never questioned prohibition apparently theory enhancement crime penalty seems come within mischief creation crime penalty calder supra opinion paterson beazell definition faithful use term ex post facto law time constitution adopted respondent concedes tex code crim proc art vernon supp fall within beazell categories definition constitute ex post facto law applied new statute procedural change allows reformation improper verdicts alter definition crime aggravated sexual abuse youngblood convicted increase punishment eligible result conviction nevertheless respondent maintains decisions limited scope ex post facto clause finite beazell categories stated broadly retroactive legislation contravenes art deprives accused substantial protection law existing time crime argues new trial guaranteed former texas law protection several cases described procedural changes even though work disadvantage accused violate ex post facto clause dobbert florida supra beazell ohio mallett north carolina cases explicitly define mean word procedural logical think term refers changes procedures criminal case adjudicated opposed changes substantive law crimes respondent correctly notes however said procedural change may constitute ex post facto violation affect matters substance beazell supra depriving defendant substantial protections existing law surrounds person accused crime duncan missouri arbitrarily infringing upon substantial personal rights malloy south carolina beazell supra think language cases cited imported confusion interpretation ex post facto clause origin rather amorphous phrase substantial protections appears lie nineteenth century treatise constitutional law professor thomas cooley cooley constitutional limitations according cooley notably assumed calder construction ex post facto clause correct constitutional limitations legislature may prescribe altogether different modes procedure discretion though lawfully think dispense substantial protections existing law surrounds person accused crime decision duncan missouri supra subsequently adopted phraseology ex post facto law one imposes punishment act punishable time committed additional punishment prescribed changes rules evidence less different testimony sufficient convict required short relation offence consequences alters situation party disadvantage prescribing different modes procedure abolition courts creation new ones leaving untouched substantial protections existing law surrounds person accused crime considered within constitutional inhibition cooley ed citations omitted emphasis added think best way make sense discussion cases say simply labeling law procedural legislature thereby immunize scrutiny ex post facto clause see gibson mississippi subtle ex post facto violations permissible overt ones beazell supra said constitutional prohibition addressed laws whatever form make innocent acts criminal alter nature offense increase punishment prohibition may evaded one defined calder categories see duncan supra malloy supra references duncan malloy substantial protections personal rights read adopt without explanation undefined enlargement ex post facto clause two decisions relied upon respondent fit analytical framework kring missouri said supposed opinion calder bull undertook define way exclusion cases constitutional provision applicable defined ex post facto law inter alia one relation offence consequences alters situation party disadvantage quoting hall emphasis deleted thompson utah held change utah law reducing size juries criminal cases persons deprived thompson substantial right involved liberty violated ex post facto clause neither decisions view consistent understanding term ex post facto law time constitution adopted reasoning followed since thompson decided cases caused confusion state lower federal courts scope ex post facto clause exemplified opinions district appeals case see also murphy kentucky white dissenting denial certiorari noting evident confusion among lower courts concerning application ex post facto clause changes rules evidence procedure kowal jurisprudence applying ex post facto prohibition retroactive procedural changes one piece tribe american constitutional law ed procedural changes upheld hardly distinguished functional way invalidated earlier decision kring missouri capital case lengthy procedural history kring charged murder pursuant plea agreement pleaded guilty murder plea accepted prosecutor trial sentenced years prison appealed judgment however ground plea agreement provided sentence years state reversed judgment remanded proceedings trial kring refused withdraw guilty plea murder refused renew plea guilty murder insisting instead acceptance earlier plea constituted acquittal greater charge trial kring objection directed general plea guilty entered upon retrial convicted murder sentenced death time crime committed missouri law provided defendant plea guilty murder accepted prosecutor served acquittal charge murder crime kring made plea new missouri constitution abrogated rule state thus free matter missouri law retry kring murder conviction sentence murder vacated missouri held new law violate ex post facto clause effected change criminal procedure reversed vote support view calder define exclusive list legislative acts falling within constitutional prohibition justice miller opinion quoted jury charge given justice washington sitting district ex post facto law one operation makes criminal time action performed increases punishment short relation offence consequences alters situation party disadvantage kring supra quoting hall supra emphasis original applying test concluded new missouri constitution denied kring benefit implied acquittal previous law provided altered situation disadvantage conviction murder void kring supra departure calder explanation original understanding ex post facto clause think unjustified language hall case heavily relied upon kring repeated decisions thereafter support expansive definition ex post facto laws hall vessel owner sued forfeiture embargo bond obliging deliver certain cargo portland legal excuse defendant argued severe storm disabled vessel forced land puerto rico forced puerto rican government sell cargo dicta justice washington hypothesized according law effect time hall forfeited cargo unavoidable accident affirmative defense charge failing deliver cargo jury instruction explained subsequent law imposing additional requirement affirmative defense vessel cargo actually lost sea result unavoidable accident deprive hall defense actions available time sold cargo thus invalid ex post facto law analysis consistent beazell framework law abolishes affirmative defense justification excuse contravenes art expands scope criminal prohibition act done appears therefore justice washington reference laws relat ing offence consequences simply shorthand legal changes altering definition offense increasing punishment jury charge read mean constitution prohibits retrospective laws encompassed calder categories alter situation party disadvantage nothing hall case supports broad construction ex post facto provision given kring possible reconcile kring numerous cases held procedural changes result ex post facto violations saying change missouri law take away defense available defendant old procedure use word defense carries meaning quite different appears quoted language beazell term linked prohibition alterations legal definition offense nature amount punishment imposed commission beazell defense available kring earlier missouri law one related definition crime based law regulating effect guilty pleas missouri changed elements crime murder matters might pleaded excuse justification conduct underlying charge changed law respecting effect guilty plea lesser included offense holding kring justified ex post facto clause thought include merely calder categories change alters situation party disadvantage think reading clause departs meaning clause understood time adoption constitution supported later cases accordingly overrule kring second case thompson utah must viewed historical context thompson initially charged crime grand larceny committed stealing calf utah territory tried jury persons convicted new trial subsequently granted however meantime utah admitted union state constitution state utah provided juries noncapital cases consist eight persons twelve thompson retried convicted panel eight reversed conviction reasoned first utah territory sixth amendment applied actions territorial government guaranteed thompson right jury held state acquire upon admission union power provide respect felonies committed within limits territory tried otherwise jury provided constitution state constitution deprive substantial right involved liberty materially alter ed situation disadvantage concluded thompson conviction prohibited ex post facto clause result thompson utah foreshadowed decision duncan louisiana held sixth amendment right trial jury believed mean jury see patton incorporated made applicable fourteenth amendment held since utah territory thompson crime committed therefore obligated provide jury sixth amendment ex post facto clause prevented state taking away substantial right became state longer bound sixth amendment interpreted right jury trial provided sixth amendment obviously substantial one right anything definition crimes defenses punishments concern ex post facto clause extent thompson utah rested ex post facto clause sixth amendment overrule texas statute allowing reformation improper verdicts punish crime act previously committed innocent done make burdensome punishment crime commission deprive one charged crime defense available according law time act committed application respondent therefore prohibited ex post facto clause art judgment appeals reversed footnotes although debate within accuracy historical discussion calder bull see satterlee matthewson pet note johnson consistently adhered view expressed justices chase paterson iredell calder ex post facto clause applies penal statutes beazell definition omits reference justice chase calder bull dall alterations legal rules evidence see also hopt utah approving procedural changes leaving untouched nature crime amount degree proof essential conviction cases subsequent calder make clear language intended prohibit application new evidentiary rules trials crimes committed changes thompson missouri rejecting ex post facto challenge retroactive application statute making admissible handwritten documents handwriting exemplars hopt supra upholding retroactive application statute making felons competent testify holding thompson utah sixth amendment requires jury panel persons also obsolete williams florida justice stevens justice brennan justice marshall join concurring judgment ex post facto clause constitution construed embrace law deprives person accused crime substantial protection law afforded time alleged offense thus clause prohibits retroactive creation new criminal offenses harsh penalties also substantial changes procedure designed protect defendant wrongful conviction question case whether law changed remedy erroneous sentence conforming law effect time offense instead affording defendant new trial issues effected substantial deprivation within meaning cases agree conclusion new law violate ex post facto clause believe conclusion entirely consistent precedents respondent committed crime punishable maximum sentence life imprisonment convicted march texas law jury task impose sentence well determine guilt innocence consequence faulty instruction respondent improperly sentenced life imprisonment fine following year bogany state texas criminal appeals held somewhat similar case fine authorized law reviewing authority correct erroneous sentence instead entire judgment deemed void defendant entitled new trial understandably texas legislature recognized corrective legislation order difficult understand error sentencing necessitate second trial issue guilt innocence theoretically legislature might remedied situation either two ways might authorized punishment life imprisonment fine respondent offense alternatively might authorized correct sentence eliminating fine former option plainly violated ex post facto clause increased respondent punishment beyond penalty authorized time offense second option texas legislature adopted subject defect criminalize previously innocent conduct make change procedures used convict sentence respondent created new remedy designed conform respondent sentence authorized law time offense legislation violate ex post facto clause argument contrary based cases holding clause applies procedural well substantive changes deprive defendant substantial personal rights claim respondent right new trial erroneous sentence right argument misreads precedents overlooks critical importance evaluating procedural right issue reference time offense ii kring missouri rejected argument ex post facto clause application procedural changes time kring offense missouri law provided acceptance plea guilty murder constituted acquittal murder subsequent amendment missouri constitution abrogated rule kring thereafter convicted murder sentenced death missouri held violation ex post facto clause retroactive amendment merely procedural change reversal holding demonstrates clause applies procedural changes decision rested fact change deprived defendant complete defense charge murder imposition death penalty wrote whatever may essential nature change one defendant involves difference life death retroactive character change denied case us constitution missouri changes rule evidence conclusive evidence innocence higher grade murder crime committed namely judicial conviction lower grade homicide received evidence received given weight behalf offender also changes punishment whereas law stood homicide committed convicted murder second degree never tried punished death murder first degree new law enacts may punished notwithstanding former conviction opinion state acquire upon admission union power provide respect felonies committed within limits territory tried otherwise jury provided constitution thompson crime committed constitutional right demand liberty taken except joint action unanimous verdict jury twelve persons hold state deprive liberty concurrent action eight jurors recognize power state respect thompson crime time done legislation take accused substantial right belonging offence committed necessary review numerous cases courts determined whether particular statutes come within constitutional prohibition ex post facto laws sufficient say statute belongs class necessary operation relation offence consequences alters situation accused disadvantage hall kring missouri medley petitioner course statute class unless materially impairs right accused question guilt determined according law offence committed constitutional prohibition judicial interpretation rest upon notion laws whatever form purport make innocent acts criminal event aggravate offense harsh oppressive criminal quality attributable act either legal definition offense nature amount punishment imposed commission altered legislative enactment fact disadvantage accused may procedural changes operate deny accused defense available laws force time commission offense otherwise affect harsh arbitrary manner fall within constitutional prohibition kring missouri thompson utah well settled statutory changes mode trial rules evidence deprive accused defense operate limited unsubstantial manner disadvantage prohibited ibid alterations procedure held sufficient moment transgress constitutional prohibition embraced within formula stated general proposition distinction one degree constitutional provision intended secure substantial personal rights arbitrary oppressive legislation see malloy south carolina limit legislative control remedies modes procedure affect matters substance iii foregoing cases make clear mere fact case involves procedural change texas law sufficient exclude coverage ex post facto clause equally clear analysis focus impact change upon right belonging defendant offense committed thompson case neither defendant right fair trial right protected unauthorized excessive punishment impaired slightest new texas rule conclusion follows immediately observation evident precedent procedural protection likely substantial viewed time commission offense affects modes procedure valid conviction sentence may imposed claims kring thompson satisfy threshold test kring procedural change deprived kring defense based upon earlier trial plea made easier state obtain murder charge defendant never subject valid conviction crime question much less valid conviction murder thompson reduction size jury made easier state obtain unanimous verdict defendant verdict likewise convicted mallett north carolina however distinguishable kring thompson fails meet threshold test mallett valid conviction obtained defendant defendant theory case however state prohibited relying upon conviction vacated intermediate appellate although north carolina reinstated conviction mallett claimed lacked power time mallett committed crime state prohibited state law appealing adverse decisions intermediate appellate courts criminal cases restriction removed mallett contended state thereby enacted ex post facto law case came conceded mallett convicted trial afforded procedural substantive protections guaranteed north carolina law time committed offense nevertheless according mallett theory state prohibited relying upon conviction combination intervening purposes erroneous appellate decision restriction upon state access appellate processes surprisingly rejected claim case comparable mallett respondent claim denied procedural protections relevant determination guilt innocence claim life sentence unauthorized law consequence improper procedures finally argue deprived avenue review correcting errors may vitiated validity conviction sentence example respondent contend see plausibly contend state deprived opportunity challenge conviction ground improper sentencing instruction somehow infected jury deliberations guilt propriety life imprisonment respondent instead claims defendant mallett unrelated error must bar state relying upon concededly valid conviction predicates claim solely restriction upon state access appellate precisely case remedies unlike defendants thompson kring youngblood wishes new trial according procedures regulated laws open evidence capped sentencing limitations resulted conviction life sentence obviously decision beazell makes clear procedural protection become substantial merely meets low threshold discussed however become insubstantial failing whatever else may said factors determine whether procedural protection affects substantial rights difficult imagine retroactive law viewed standpoint date offense committed implicate substantial rights defendant law expand flexibility postconviction processes available state respect defendant subject valid conviction sentence indeed respondent barely even attempted articulate justification texas procedure legislature abolished mere possibility capricious unlikely windfall sort procedural protection reasonably judged substantial perspective defendant time offense committed accordingly concur judgment opinion art constitution provides part state shall enter treaty alliance confederation grant letters marque reprisal coin money emit bills credit make thing gold silver coin tender payment debts pass bill attainder ex post facto law law impairing obligation contracts grant title nobility time respondent offense apparently well established texas law general proposition criminal jury rendered verdict authorized law verdict void inception see ex parte mciver ocker state however criminal appeals decided bogany doubt whether general rule apply error case whether sentence imposed jury case fact unlawful see adams state reforming jury sentence bogany state stating jury sentence reformed rev mccormick dissenting contending supplementary fine authorized law purposes opinion assume substantive limitation upon respondent sentence procedural limitation remedial powers reviewing courts law time respondent offense committed missouri relied upon reasoning louis appeals see state kring mo relevant passage appeals opinion quoted disavowed kring missouri formerly held missouri state ross mo conviction murder second degree indictment charging murder first degree set aside defendant tried murder first degree change introduced sect art constitution abrogated rule oral argument something said counsel defendant effect old rule defendant put trial murder first degree affected change constitutional provision crime committed whilst old constitution force however nothing change change crimes criminal procedure changes ex post facto gut state wall cummings missouri id mallett north carolina unrelated intervening error incorrect decision intermediate appellate case imposition supplementary fine addition life sentence mallett restriction upon review process prohibited state taking appeal case prohibits courts saving conviction sentence removing improper supplement indeed case fortiori comparison mallett case defendant benefit evidentiary exclusion secondary trial although exclusion entirely consequence appellate incorrect interpretation state law consequence trial procedures established north carolina law effect time offense contrast case procedures second trial relevant respects identical