weaver
graham
argued
november
decided
february
held
florida
statute
repealing
earlier
statute
reducing
amount
gain
time
good
conduct
obedience
prison
rules
deducted
convicted
prisoner
sentence
unconstitutional
ex
post
facto
law
applied
petitioner
whose
crime
committed
statute
enactment
pp
criminal
penal
law
ex
post
facto
must
retrospective
must
apply
events
occurring
enactment
must
disadvantage
offender
affected
lindsey
washington
calder
bull
dall
need
impair
vested
right
even
statute
merely
alters
penal
provisions
accorded
grace
legislature
violates
ex
post
facto
clause
retrospective
onerous
law
effect
date
offense
pp
effect
form
law
determines
whether
ex
post
facto
although
florida
statute
face
applies
effective
date
respondent
conceded
statute
used
calculate
gain
time
available
prisoners
petitioner
convicted
acts
committed
statute
effective
date
regardless
whether
prospect
gain
time
technical
sense
part
petitioner
sentence
statute
substantially
alters
consequences
attached
crime
already
completed
changing
quantum
punishment
thus
retrospective
law
constitutionally
applied
petitioner
detriment
pp
florida
statute
disadvantageous
petitioner
similarly
situated
prisoners
reduction
gain
time
available
repealed
statute
abiding
prison
rules
adequately
performing
assigned
tasks
lengthens
period
someone
petitioner
position
must
spend
prison
immaterial
statutory
provisions
also
enacted
whereby
prisoner
might
earn
extra
gain
time
satisfying
extra
conditions
award
extra
gain
time
purely
discretionary
contingent
correctional
authorities
wishes
inmate
special
behavior
thus
none
provisions
extra
gain
time
compensates
reduction
gain
time
available
solely
good
conduct
new
provision
therefore
constricts
inmate
opportunity
earn
early
release
thereby
makes
onerous
punishment
crimes
committed
enactment
pp
marshall
delivered
opinion
brennan
stewart
white
powell
stevens
joined
blackmun
filed
opinion
concurring
judgment
burger
joined
post
rehnquist
filed
opinion
concurring
judgment
post
thomas
macdonald
appointment
argued
cause
filed
briefs
petitioner
wallace
allbritton
assistant
attorney
general
florida
argued
cause
respondent
brief
jim
smith
attorney
general
justice
marshall
delivered
opinion
florida
like
many
rewards
convicted
prisoner
good
conduct
obedience
prison
rules
using
statutory
formula
reduces
portion
sentence
must
serve
case
consider
whether
florida
statute
altering
availability
gain
time
good
conduct
unconstitutional
ex
post
facto
law
applied
petitioner
whose
crime
committed
statute
enactment
relevant
facts
undisputed
petitioner
pleaded
guilty
murder
crime
charged
occurred
january
may
petitioner
convicted
sentenced
prison
term
years
less
time
already
served
state
statute
place
date
offense
date
sentencing
provided
formula
deducting
credits
sentences
every
prisoner
committed
infraction
rules
regulations
division
laws
state
performed
faithful
diligent
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peaceful
manner
work
duties
tasks
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stat
according
formula
credits
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month
accumulate
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rate
time
prisoner
already
served
thus
statute
directed
authorities
shall
grant
following
deductions
prisoner
sentence
gain
time
good
conduct
five
days
per
month
first
second
years
sentence
ten
days
per
month
third
fourth
years
sentence
fifteen
days
per
month
fifth
succeeding
years
sentence
stat
three
days
per
month
first
second
years
sentence
six
days
per
month
third
fourth
years
sentence
nine
days
per
month
fifth
succeeding
years
sentence
stat
petitioner
acting
pro
se
sought
writ
habeas
corpus
florida
ground
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statute
applied
ex
post
facto
law
prohibited
florida
constitutions
alleged
reduced
accumulation
monthly
credits
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new
statute
extend
required
time
prison
years
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percent
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sentence
state
summarily
denied
petition
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decision
companion
case
raising
issue
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gain
time
allowance
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grace
rather
vested
right
may
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harris
wainwright
granted
certiorari
reverse
ii
ex
post
facto
prohibition
forbids
congress
enact
law
imposes
punishment
act
punishable
time
committed
imposes
additional
punishment
prescribed
cummings
missouri
wall
see
lindsey
washington
rooney
north
dakota
medley
calder
bull
dall
prohibition
framers
sought
assure
legislative
acts
give
fair
warning
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permit
individuals
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dobbert
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missouri
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bull
supra
ban
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potentially
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legislation
malloy
south
carolina
kring
missouri
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fletcher
peck
cranch
calder
bull
supra
paterson
federalist
madison
hamilton
accord
purposes
decisions
prescribe
two
critical
elements
must
present
criminal
penal
law
ex
post
facto
must
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must
apply
events
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lindsey
washington
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contrary
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ex
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facto
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evaluating
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right
vested
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see
wood
lovett
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see
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railroad
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lindsey
washington
greenfield
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compare
medley
holden
minnesota
see
also
cummings
missouri
wall
prisoners
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crime
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quantum
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dobbert
florida
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petitioner
detriment
whether
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state
criminal
statute
ameliorates
worsens
conditions
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predecessor
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question
lindsey
washington
supra
see
malloy
south
carolina
rooney
north
dakota
inquiry
looks
challenged
provision
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circumstances
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mitigate
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particular
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dobbert
florida
supra
lindsey
washington
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rooney
north
dakota
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disadvantageous
petitioner
similarly
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face
statute
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lindsey
washington
supra
reasoned
plainly
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district
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mass
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footnotes
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infra
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florida
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missouri
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therefore
severable
provisions
ex
post
facto
may
still
applied
see
sands
sutherland
statutory
construction
ed
justice
blackmun
chief
justice
joins
concurring
judgment
writing
clean
slate
vote
affirm
judgment
florida
thesis
florida
statute
operates
prospectively
affect
petitioner
credits
earned
accumulated
prior
effective
date
statute
good
time
gain
time
something
earned
part
inherent
sentence
imposed
new
statute
remove
petitioner
hope
portion
opportunity
sentence
therefore
enhanced
statute
addition
reveals
ante
statutory
change
means
entirely
restrictive
certain
respects
lenient
careful
preservation
prisoner
new
statute
provisions
clearly
implies
ante
page
precedents
however
particularly
lindsey
washington
summary
disposition
greenfield
scafati
supp
mass
aff
although
warmly
persuasive
look
way
thus
must
accede
judgment
justice
rehnquist
concurring
judgment
find
case
close
one
recently
noted
axiomatic
law
ex
post
facto
must
onerous
prior
law
dobbert
florida
petitioner
clearly
disadvantaged
loss
opportunity
accrue
gain
time
good
conduct
pursuant
formula
legislature
changed
formula
new
statute
however
also
afforded
petitioner
opportunities
available
prior
law
earn
additional
gain
time
beyond
formula
case
resolved
simply
comparing
formula
formula
must
compare
two
statutory
procedures
toto
determine
new
may
fairly
characterized
onerous
ibid
persuaded
case
albeit
without
doubt
new
statute
onerous
old
amount
gain
time
accrued
automatically
solely
good
conduct
substantially
reduced
reduction
offset
availability
discretionary
awards
gain
time
activities
extending
beyond
simply
staying
trouble
say
however
reduction
automatic
gain
time
however
slight
ever
offset
increases
availability
discretionary
gain
time
however
great
reductions
amount
credit
good
conduct
never
offset
increases
availability
credit
earned
merely
good
conduct
since
availability
new
opportunities
discretionary
gain
time
reduction
amount
automatic
gain
time
viewed
total
package
must
emphasized
nothing
today
decision
compels
florida
provide
prisoners
petitioner
position
benefits
new
provisions
held
florida
may
require
prisoners
pay
price
clear
florida
legislature
intended
make
available
new
discretionary
gain
time
prisoners
earning
automatic
gain
time
old
formula
legislature
fact
reduced
formula
enacted
new
provisions
question
course
one
florida
resolve
points
gain
time
available
old
scheme
beyond
formula
ante
convinced
new
sources
simply
reiterate
opportunities
previously
available
example
dispute
several
new
sources
gain
time
analogues
previous
statutory
administrative
scheme
see
stat
six
days
gain
time
per
month
age
illness
infirmity
confinement
reasons
discipline
six
days
per
month
inmates
diligently
participate
approved
course
academic
vocational
study
new
statutory
provisions
administrative
counterparts
improved
substantially
availability
gain
time
example
old
administrative
system
inmate
receive
days
gain
time
per
month
constructive
labor
admin
code
rule
new
statutory
scheme
inmate
receive
day
gain
time
every
day
constructive
labor
stat