carmell texas argued november decided may petitioner convicted counts committing sexual offenses stepdaughter years old september tex code crim proc art specified victim testimony sexual offense support conviction unless corroborated evidence victim informed another person offense within six months occurrence victim time offense victim testimony alone support conviction amendment allowed victim testimony alone support conviction victim validity four petitioner convictions depends version law applies texas appeals argued four convictions stand version law effect time alleged conduct based solely testimony victim time offenses made timely outcry held applying amendment retrospectively violate ex post facto clause state criminal appeals denied review held petitioner convictions counts issue insofar corroborated evidence sustained ex post facto clause pp calder bull dall justice chase stated proscription ex post facto laws derived english common law well known framers set four categories ex post facto criminal laws 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 offence order convict offender repeatedly endorsed understanding including fourth category justice chase treatise drew heavily cited case sir john fenwick example fourth category england charged fenwick high treason late century act parliament convicted without testimony two witnesses parliament passed bill attainder making rule inapplicable fenwick convicted testimony one witness pp article plainly fits within calder fourth category requiring victim testimony convict rather testimony plus corroborating evidence surely less testimony required convict straightforward sense words indeed circumstances parallel fenwick case article neither increases punishment changes elements offense simply shows amendment fit within calder first third categories pp fourth category resonates harmoniously one principal interests ex post facto clause designed serve fundamental justice law reducing quantum evidence required convict grossly unfair retrospectively eliminating element offense increasing punishment existing offense lowering burden proof instance government refuses fact play rules altering way advantageous state facilitate easier conviction plainly fundamental fairness interest government abide rules law establishes govern circumstances deprive person liberty life indeed fenwick case illustrates principle pp none reasons amicus advances abandoning fourth category persuasive asserts fact neither blackstone ex post facto clauses state constitutions mention fourth category shows justice chase simply got wrong accepting assertion require abandon third category well also mentioned sources follow fact fenwick convicted bill attainder case also example ex post facto law fact specific examples justice chase listed calder passed bills attainder texas argue fourth category effectively cast collins youngblood actually held mistake stray beyond calder four categories fourth category mistaken pp texas additional argument fourth category limited laws retrospectively alter burden proof also rejected decision cummings missouri wall nowhere suggests reversal burden proof fourth category encompasses laws lower burden proof laws reduce quantum evidence necessary meet burden indistinguishable meaningful ways relevant concerns ex post facto clause texas assertion fenwick case concerns reduction burden proof based mistaken historical premise argument present case controlled hopt territory utah thompson missouri also unpersuasive unlike witness competency rules issue article sufficiency evidence rule merely regulate mode facts constituting guilt may placed jury governs sufficiency facts meeting burden proof indeed hopt expressly distinguished witness competency laws laws altering amount degree proof needed conviction moreover sufficiency evidence rule resonates interests ex post facto clause addressed particular elements unfairness injustice subverting presumption innocence pp reversed remanded stevens delivered opinion scalia souter thomas breyer joined ginsburg filed dissenting opinion rehnquist kennedy joined scott leslie carmell petitioner texas writ certiorari appeals texas second district may justice stevens delivered opinion amendment texas statute went effect september authorized conviction certain sexual offenses victim testimony alone previous statute required victim testimony plus corroborating evidence convict offender question presented whether amendment may applied trial offenses committed amendment effective date without violating constitutional prohibition state ex post facto laws texas grand jury returned indictment charging petitioner various sexual offenses stepdaughter alleged conduct took place four years february march victim years old conduct ceased victim told mother happened petitioner convicted counts two serious counts charged aggravated sexual assault petitioner sentenced life imprisonment two counts offenses counts sexual assault counts indecency child petitioner received concurrent sentences years september following statute effect texas conviction chapter section section penal code supportable uncorroborated testimony victim sexual offense victim informed person defendant alleged offense within six months date offense alleged occurred requirement victim inform another person alleged offense apply victim younger years age time alleged offense tex code crim proc art vernon emphasize three features law critical petitioner case first outcry corroboration requirement provision victim testimony support conviction specified offenses testimony corroborated evidence victim informed another person offense within six months occurrence outcry second feature child victim provision exception outcry corroboration requirement according provision victim years old time alleged offense outcry corroboration requirement apply victim testimony alone support conviction even without corroborating evidence outcry third feature article establishes sufficiency evidence rule respecting minimum quantum evidence necessary sustain conviction statute requirements met example introducing uncorroborated testimony victim make timely outcry defendant convicted must enter judgment acquittal see leday state tex crim app scoggan state tex crim app conversely requirements satisfied conviction words statute supportable case may submitted jury conviction sustained see vickery state tex crim app see also burnham state tex app texas amended article effective september amendment extended child victim exception victims years four petitioner counts amendment critical outcry corroboration requirement satisfied convictions rested solely victim testimony accordingly verdicts four counts stand fall depending whether child victim exception applies old law exception apply victim years old time alleged offenses new law exception apply victim years old time short validity four petitioner convictions depends whether old new law applies case turn depends whether ex post facto clause prohibits application new version article case mentioned petitioner total convictions implicated amendment article counts including convictions petitioner received life sentences uncontested six counts uncontested committed victim years old convictions stand even old law five uncontested counts committed new texas law went effect ex post facto claim convictions see weaver graham critical question ex post facto violation whether law changes legal consequences acts completed effective date stake four convictions counts offenses committed june july victim years old new texas law effect petitioner appealed four convictions appeals second district texas fort worth see petitioner argued version article law effect time alleged conduct convictions stand based solely victim testimony victim years old time offenses made timely outcry appeals rejected petitioner argument amendment article observed petitioner convicted victim testimony alone years old time offenses held applying amendment retrospectively petitioner case violate ex post facto clause statute amended increase punishment change elements offense state must prove merely removes existing restrictions upon competency certain classes persons witnesses thus rule procedure hopt utah texas criminal appeals denied discretionary review question whether retrospective application statute repealing corroboration requirement given rise conflicting granted petitioner pro se petition certiorari appointed counsel ii prohibit legislative acts contrary first principles social compact every principle sound legislation framers included provisions considered perhaps greater securities liberty republicanism constitution contains provisions declare state shall pass bill attainder ex post facto law law impairing obligation contracts art proscription ex post facto laws necessarily requires explanation naked without explanation unintelligible means nothing calder bull dall chase calder bull justice chase stated necessary explanation derived english common law well known framers expressions ex post facto laws technical use long revolution acquired appropriate meaning legislators lawyers authors see also prohibition probably arose knowledge parliament great britain claimed exercised power pass laws paterson specifically phrase ex post facto referred certain types criminal laws justice chase catalogued types follows state laws consider ex post facto laws within words intent prohibition 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 offence order convict offender emphasis original fourth category issue petitioner case understanding explained justice chase drew heavily upon authoritative exposition one great scholars common law richard wooddeson see noting reliance wooddeson treatise wooddeson classification divided ex post facto laws three general categories respecting crimes respecting legal rules evidence affecting punishment subdivided laws creating punishment making existing punishment severe see wooddeson systematical view laws england lecture hereinafter wooddeson three categories last subdivided correlate precisely calder four categories justice chase also used language describing categories corresponds directly wooddeson finally four footnotes justice chase opinion listed examples various acts parliament illustrating four categories see nn examples exactly ones wooddeson used treatise see wooddeson case earl strafford case sir john fenwick banishments lord clarendon bishop atterbury coventry act calder four categories embraced wooddeson formulation turn soon embraced contemporary scholars joseph story example writing ex post facto clause stated general interpretation prohibition reaches every law whereby act declared crime made punishable crime done whereby act crime aggravated enormity punishment whereby different less evidence required convict offender required act committed commentaries constitution james kent concurred understanding clause words ex post facto laws technical expressions meant every law made act done passing law innocent done criminal aggravated crime made greater committed changed punishment inflicted greater punishment law annexed crime committed altered legal rules evidence received less different testimony law required time commission offence order convict offender commentaries american law ed lecture moreover repeatedly endorsed understanding including particular fourth category sometimes quoting chase words verbatim sometimes simply paraphrasing see lynce mathis dobbert florida malloy south carolina mallett north carolina thompson missouri hawker new york harlan dissenting gibson mississippi duncan missouri hopt territory utah kring missouri overruled grounds collins youngblood gut state wall ex parte garland wall miller dissenting cummings missouri wall state courts years following calder adopted justice chase formulation see boston gunby cummins martindale moore blackf ind davis ballard strong state blackf ind dickinson dickinson see also woart winnick super iii mentioned earlier justice chase wooddeson cited several examples ex post facto laws particular cited case sir john fenwick example fourth category better understand type law falls within category turn fenwick case preliminary guidance remained loyal james ii deposed king william iii revolution thought opportunity restoration arrived following death queen mary macaulay history england hereinafter macaulay sir john fenwick along jacobite plotters including george porter cardell goodman began concocting scheme spring year next several months original circle conspirators expanded number conspirators carry machinations however three members group disclosed plot william one one participants arrested tried convicted treason fenwick though remained hiding rest cabal brought justice time trials accomplices revealed two witnesses among prove fenwick guilt porter goodman luck act parliament proclaimed two witnesses necessary convict person high treason see act regulateing tryals cases treason misprision treason iii ch statutes realm reprint thus fenwick knew induce either porter goodman abscond case vanish macaulay fenwick first tried hand porter fenwick sent agent attempt bribe porter initially accepted exchange leaving france porter simply pocketed bribe turned fenwick agent promptly tried convicted pilloried proceeded testify fenwick along goodman grand jury grand jury returned indictment high treason fenwick attempted flee country apprehended brought lord justices london sensing impending conviction fenwick threw mercy offered disclose knew jacobite plotting aware judges soon leave city circuits delay thus buy weeks time fenwick granted time write confession rather betray true jacobites concocted confession calculated accuse loyal william hoping introduce embarrassment perhaps measure instability current regime william however perceived fenwick design rejected confession along expectation mercy though contrived ploy leniency unsuccessful respect proved successful another delay fenwick wife succeeded bribing goodman witness leave country without second witness fenwick convicted high treason statute mentioned earlier plotting however fenwick escape goodman absence discovered house commons met introduced bill attainder fenwick correct situation produced combination bribery law lengthy debate ensued members repeatedly discussed whether rule ultimately bill passed close vote notwithstanding objections members foreshadowing calder fourth category complained fenwick attainted upon less evidence required despite repeated importuning passing ex post facto bill taken passed house lords king gave assent see also act attaint sir john fenwick baronet high treason iii ch january sir john fenwick beheaded macaulay iv article unquestionably law alters legal rules evidence receives less different testimony law required time commission offence order convict offender law effect time acts committed prosecution case legally insufficient petitioner entitled judgment acquittal unless state produce victim testimony corroborative evidence amended law however changed quantum evidence necessary sustain conviction new law petitioner convicted victim testimony alone without corroborating evidence commonsense understanding calder fourth category article plainly fits requiring victim testimony convict rather victim testimony plus corroborating evidence surely less testimony required convict straightforward sense words indeed circumstances petitioner case parallel fenwick case years earlier relevant law fenwick case required one witness testimony support conviction namely testimony second witness texas old version article required victim testimony alone sustain conviction namely corroborating evidence like fenwick bill attainder permitted house commons convict less evidence otherwise required texas retrospective application amendment article permitted petitioner convicted less previously required quantum evidence true course texas appeals observed statute amended increase punishment change elements offense state must prove observation simply demonstrates amendment fit within calder first third categories likewise dissent remark article establish element offense post reveals law come within calder first category fact amendment authorizes conviction less evidence previously required however brings squarely within fourth category fourth category understood resonates harmoniously one principal interests ex post facto clause designed serve fundamental justice chase viewed ex post facto laws manifestly unjust oppressive calder likewise blackstone condemned cruel unjust commentaries laws england every state constitution similar clause see infra justice washington explained characterizing injustice tyranny ex post facto laws authors constitution turn attention subject first blush appear peculiarly fit left discretion police good government state management control answer given laws character oppressive unjust tyrannical condemned universal sentence civilized man ogden saunders wheat short ex post facto clause designed additional bulwark favour personal security subject calder chase protect favorite formidable instruments tyranny federalist rossiter ed hamilton often used effect detestable purposes calder paterson calder fourth category addresses concern precisely law reducing quantum evidence required convict offender grossly unfair say retrospectively eliminating element offense increasing punishment existing offense lowering burden proof see infra instances government subverts presumption innocence reducing number elements must prove overcome presumption threatening severe punishment induce plea lesser offense lower sentence making easier meet threshold overcoming presumption reducing quantum evidence necessary meet burden proof simply another way achieving legislative changes sense mirror images one another instance government refuses fact play rules altering way advantageous state facilitate easier conviction plainly fundamental fairness interest even apart claim reliance notice government abide rules law establishes govern circumstances deprive person liberty indeed fenwick case illustration principle fenwick claim credible reliance interest statute possibly known two fellow conspirators able testify guilt successful bribing one leave country nevertheless parliament enacted law profound unfairness parliament retrospectively altering rules established simply rules prevented conviction traitor notwithstanding fact fenwick truly claim innocent least one historian concluded guilt clearly established see macaulay debate house commons bears conclusion see proceedings moreover pertinent rule altered fenwick case went directly general issue guilt lowering minimum quantum evidence required obtain conviction framers quite clearly viewed maneuvers grossly unfair adopted ex post facto clause vi amicus asks us revisit accuracy fourth category original matter none reasons abandoning category persuasive first pointing blackstone commentaries handful state constitutions cited justice chase calder see asserts justice chase simply got wrong four categories blackstone wrote still unreasonable method called making laws ex post facto action committed legislator first time declares crime inflicts punishment upon person committed commentaries laws england emphasis original ex post facto clauses state constitutions justice chase cited directs attention fact none definitions mentions justice chase fourth category sources though perfectly consistent justice chase first category ex post facto laws none incompatible formulation unless accept premise blackstone state constitutions purported express exclusive definition ex post facto law yet none appears face definitions read exclusive argument run troubling obstacle namely neither blackstone state constitutions mention calder third category either increases punishment effect asks us abandon two calder categories based unsupported supposition blackstonian state constitutional definitions exclusive upon implicit premise neither wooddeson chase story kent subsequent courts state federal realized think simply stating nature request demonstrates must next contends justice chase mistaken cite case sir john fenwick example ex post facto law actually bill attainder fenwick indeed convicted bill attainder follow case also example ex post facto law clearly wooddeson thought see wooddeson house commons see supra aware rule stating single historical event explain one two constitutional clauses actually three clauses see art iii treason clause think observation simply underscores kinship bills attainder ex post facto laws see nixon administrator general services lovett frankfurter concurring see also chafee three human rights constitution pp hereinafter chafee may explain framers twice placed respective prohibitions adjacent one another means argue category four abandoned illustrative example bill attainder prove entirely much specific examples listed justice chase passed bills finally texas argue already effectively cast fourth category collins youngblood collins held thing case began discussion ex post facto clause quoting verbatim justice chase familiar opinion calder definition noting arly opinions portrayed exclusive definition ex post facto laws quoted opinion beazell ohio 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 collins quoting beazell collins observed beazell definition omits reference justice chase calder bull alterations legal rules evidence cases subsequent calder make clear language intended prohibit application new evidentiary rules trials crimes committed changes citations omitted collins commented beazell formulation faithful best knowledge original understanding ex post facto clause seems accurate say collins rather cryptic calling calder four categories exclusive definition ex post facto laws also calls beazell definition faithful rendition original understanding clause even though quotation omitted category four collins quotes portion beazell omitting fourth category immediately preceding paragraph beazell explains law issue case change quantum kind proof required establish guilt statement distinguishing rather overruling calder fourth category collins intended resurrect long forgotten original understanding ex post facto clause shorn fourth category think strange done stranger still reliance single case even implicate let alone purport overrule fourth category even mention fenwick case discard longstanding precedent manner still collins expressly overruled two prior cases day intent overruling part calder well surely said directly rather act ambiguous manner better understanding collins discussion ex post facto clause eliminated doctrinal hitch developed cases purported define scope clause along axis distinguishing laws involving substantial protections merely procedural kring missouri thompson utah two cases collins overruled relied distinction overruling correctly pointed prohibition may evaded one defined calder categories accordingly collins held mistake stray beyond calder four categories fourth category vii texas next argues even fourth category exists limited laws retrospectively alter burden proof article see also post dissenting opinion comes conclusion basis two pieces evidence first decision cummings missouri wall second concerns texas historical understanding fenwick case cummings missouri addressed ex post facto challenge certain amendments missouri state constitution made read together amendments listed series acts deemed criminal dealing giving aid comfort anyone engaged armed hostility declared unless person engaged certain professions lawyers clergymen swore oath loyalty shall conviction failing swear oath punished fine imprisonment held provisions violated ex post facto clause writing justice field first observed ex post facto law meant one imposes punishment act punishable time committed imposes additional punishment prescribed changes rules evidence less different testimony sufficient convict required held amendments violated ex post facto clause respects offenses deemed criminal amendments criminal acts acts previously criminal carried greater criminal sanction importantly present purposes amendments permitted conviction less testimony previously sufficient subvert presumptions innocence alter rules evidence heretofore universally recognized principles common law supposed fundamental unchangeable ibid continued assume parties guilty call upon parties establish innocence declare innocence shown one way inquisition form expurgatory oath consciences parties ibid correct cummings held missouri constitutional amendments invalid fourth category reversed burden proof cummings nowhere suggests reversal burden proof fourth category encompasses think good reason draw line laws lower burden proof laws reduce quantum evidence necessary meet burden two types laws indistinguishable meaningful ways relevant concerns ex post facto clause see supra see also cummings legal result must done directly done indirectly constitution deals substance shadows texas second piece evidence asserts law fenwick case requiring two witnesses convict person high treason traces origins ancient roman law concept known rule number probative value testimony increased others testifying facts swore oath brief respondent less testimony fenwick case refers argument runs concerns lowering probative value required convict reduction burden proof even historical argument correct response texas argument applicable think historical premise mistaken testimony one witness rather two truly reflected less credible showing house commons truly thought labored lesser burden proof one expect sort reference fenwick case yet direct references burden proof made debates contrary indicate something roughly equivalent least one member expressly declared number witnesses testifying bore relationship overall credibility crown also appears fter middle never doubt common law england jury trials rejected entirely roman law concept rule number wigmore required numbers witnesses brief history numerical system england harv rev though treason statute issue fenwick case related antecedent acts superficial resemblance rule number acts fact reflected concern prior monarchical abuses relating specific crime treason rather vestigial belief number witnesses proxy probative value see also wigmore evidence pp chadbourn rev viii texas argues following holding texas appeals present case controlled hopt territory utah thompson missouri hopt defendant convicted murder trial prosecution introduced testimony convicted felon tended inculpate defendant hopt objected competency witness basis law place time alleged murder stated rules determining competency witnesses civil actions applicable also criminal actions relevant civil rules turn specified persons without exception may witnesses action persons judgment rendered upon conviction felony shall witnesses date alleged offense prior defendant trial last provision excluding convicted felons witnesses repealed defendant argued retrospective application felon provision violated ex post facto clause emphasis parties dissent placed hopt worth quoting length explanation rejected defendant argument statutes simply enlarge class persons may competent testify criminal cases ex post facto application prosecutions crimes committed prior passage attach criminality act previously done innocent done aggravate crime theretofore committed provide greater punishment therefor prescribed time commission alter degree lessen amount measure proof made necessary conviction crime committed crime present defendant indicted punishment prescribed therefor quantity degree proof necessary establish guilt remained unaffected subsequent statute statutory alteration legal rules evidence authorize conviction upon less proof amount degree required offence committed might respect offence obnoxious constitutional inhibition upon ex post facto laws alterations increase punishment change ingredients offence ultimate facts necessary establish guilt leaving untouched nature crime amount degree proof essential conviction remove existing restrictions upon competency certain classes persons witnesses relate modes procedure one said vested right state upon grounds public policy may regulate pleasure regulations mode facts constituting guilt may placed jury made applicable prosecutions trials thereafter without reference date commission offence charged emphasis added thompson missouri also relied upon texas involved similar ex post facto challenge retrospective application law permitting introduction expert handwriting testimony competent evidence rule place time offense permit evidence introduced mainly authority hopt rejected thompson ex post facto challenge well texas reliance hopt misplaced article simply witness competency simply enlarge class persons may competent testify remove existing restrictions upon competency certain classes persons witnesses amendment victim testimony competent evidence texas rule criminal evidence already prescribes person competent witness except otherwise provided rules rule already contains provision respecting child explained earlier see supra article sufficiency evidence rule merely regulat mode facts constituting guilt may placed jury rule already governs sufficiency facts meeting burden proof indeed hopt expressly distinguished witness competency laws laws alter degree lessen amount measure proof made necessary conviction crime committed see also felon witness law leav es untouched amount degree proof essential conviction profitable respect compare statutes hopt thompson text article law hopt proscribed rul determining competency stated persons convict ed felony shall witnesses statute thompson similarly specified comparison disputed writing shall permitted made witnesses writings may submitted jury evidence thompson article however speaks terms whether conviction supportable certain evidence rule article addresses competent testify think differences laws moreover sufficiency evidence rule resonates interests ex post facto clause addressed way witness competency rule particular elements unfairness injustice subverting presumption innocence directly implicated rules lowering quantum evidence required convict rules always run prosecution favor always make easier convict accused even accused fact guilty coercive pressure easily obtained conviction may induce defendant plead lesser crime rather run risk conviction greater crime witness competency rules contrary necessarily run state favor felon witness competency rule example might help defendant felon able relate credible exculpatory evidence rules necessarily affect let alone subvert presumption innocence issue admissibility evidence simply different question whether properly admitted evidence sufficient convict defendant evidence admissibility rules go general issue guilt whether conviction matter law may sustained prosecutors may satisfy requirements number witness competency rules says absolutely nothing whether introduced quantum evidence sufficient convict offender sufficiency evidence rules definition inform us whether evidence introduced sufficient convict matter law say jury must convict matter law case may submitted jury jury may convict words article conviction supportable requirements met ix dissent contends article sufficiency evidence rule begins argument describing length corroboration requirement premised legislative judgment accusations made sexual assault victims certain age independently trustworthy post see also post follow premise article sufficiency evidence rule surely legislature address trustworthiness issues witness competency rules sufficiency evidence rules alike indeed statutory history dissent points cuts argument article statutory antecedent dissent says replac ement old common law rule seduced females incompetent witnesses post texas substituted law stating female alleged seduced shall permitted testify conviction shall upon testimony said female unless corroborated post emphasis added statute recodified article repealed replaced another version article reenacted law language changed conviction shall current language conviction supportable think legislative history extent relevant interpreting current law demonstrates texas perceived issue witness trustworthiness admissibility issue sufficiency question long ago abandoned rule victims types crimes incompetent witnesses article codifies texas sufficiency evidence solution trustworthiness issue next dissent argues texas law prosecution need introduce victim testimony much less corroboration testimony post instead nder old new versions statute conviction sustained testimony single witness purely circumstantial evidence number ways avenues prosecution besides victim testimony without corroboration outcry remain available state article change quantity proof necessary convict every case post emphasis added part deleted part see also post article never dictated takes cases evidence sufficient convict emphasis added accordingly dissent urges evidence form corroboration really required article see post unclear whether dissent argument laws sufficiency evidence rules unless apply every conviction particular crime whether dissent means sufficiency rules applicable every prosecution particular crime fall within calder fourth category refers less testimony required order convict offender emphasis added part deleted part either way argument fails fenwick case provides guide dissent agrees treason statute effect time john fenwick conspiracy like treason clause constitution embodied quantitative sufficiency evidence rule post argues fenwick law treason clause different article first two laws two witnesses necessary support conviction post emphasis added whereas article victim testimony plus corroboration necessary convict every case post emphasis added closer look fenwick law treason clause shows supposed distinction simply incorrect fenwick law stated person convicted high treason upon oaths testimony two lawfull witnesses unlesse party indicted arraigned tryed shall willingly without violence open confesse shall stand mute refuse plead see supra emphasis added treason clause course person shall convicted treason unless testimony two witnesses overt act confession open art iii emphasis added plainly neither instance two witnesses necessary support conviction dissent claims accordingly assertion article nothing like rule fenwick vainly relied appears erroneous accusation reliance fenwick case simply post dissent final argument relies upon hopt runs something like effect article claims certain cases witness credibility rule see post however differently laws article may seem operate face practical application least certain instances consequences different accordingly treated alike example rule declaring victim incompetent testify unless certain age time offense made outcry within specified period time corroborating evidence prosecution attempted rest case victim testimony alone without satisfying requirements end result judgment acquittal post likewise article prosecution attempts rest case victim testimony alone without satisfying article requirements result also acquittal thus laws article treated way ex post facto purposes argument seeks make hopt controlling ignoring case says hopt specifically distinguished laws alter degree lessen amount measure proof required convict laws merely respect kind evidence may introduced trial see supra argument though simply denies meaningful distinction types laws premise produce results situations see post victim course literally forbidden testifying make difference ex post facto clause purposes sufficiency evidence rule witness competency rule post hopt meaningfully distinguished instant case short argument finds hopt controlling erasing case controlling distinction argument also pays heed example laid fenwick case surely imagine witness competency rule operate manner similar law case witness treasonous act competent testify unless corroborated another witness plainly imagined rule mean fenwick case example ex post facto law different article imagine witness competency rule operate similarly statute fenwick case argument imagines witness competency rule operates similarly article former change view law fenwick case latter change view present circumstances moreover argument fails account calder fourth category actually says tells half story witness competency rule calder says fourth category applies law alters legal rules evidence receives less different testimony law required time commission offence order convict offender emphasis deleted last six words crucial relevant question whether law affects quantum evidence required convict witness competency rule certain instances least practical effect telling us evidence result acquittal really speak calder fourth category relating half story dissent argument rests assertion sometimes witness competency rule result acquittals instances article also demand acquittal may conceded half story noted relevant half half concerns witness competency rule say evidence required order convict offender answer nothing mentioned earlier see supra prosecutors may satisfy requirements number witness competency rules says absolutely nothing whether introduced quantum evidence sufficient convict offender sufficiency evidence rules however tell us precisely reasons hold petitioner convictions counts insofar corroborated evidence sustained ex post facto clause texas amendment article falls within calder fourth category seems worth remembering point joseph story observation clause laws punish offender let go unpunished let legislature admonished defect laws provide commission future crimes sort escape one delinquent never produce much harm community may arise infraction rule upon purity public justice existence civil liberty essentially depend commentaries constitution course nothing ex post facto clause prohibits texas prospective application amendment accordingly judgment texas appeals reversed case remanded proceedings inconsistent opinion ordered scott leslie carmell petitioner texas writ certiorari appeals texas second district may justice ginsburg chief justice justice justice kennedy join dissenting today holds amended version article texas code criminal procedure reduces amount proof necessary support sexual assault conviction retroactive application therefore violates ex post facto clause holding misreads texas statute precedents concerning ex post facto clause article accurately characterized sufficiency evidence rule essence evidentiary provision dictating circumstances jury may credit victim testimony sexual offense prosecutions amended version article nothing accord certain victims sexual offenses full testimonial stature giving undiminished competency testify texas extends witnesses generally state judicial proceedings precedents make clear witness competency rule validly may applied offenses committed enactment therefore dissent petitioner scott leslie carmell began sexually abusing stepdaughter spring years old continued march specific question concerns carmell sexual assault june inform anyone assault carmell sexual advances toward sometime around march told friend mother eleanor alexander alexander went police carmell arrested charged indictment article texas code criminal procedure stood time assault conviction sexual assault supportable uncorroborated testimony victim victim younger years old time offense victim years old older however victim testimony support conviction testimony corroborated evidence one form corroboration specifically described article known outcry victim testimony support conviction informed another person defendant offense within six months occurrence tex code crim proc art vernon article amended new version effect time carmell trial victim uncorroborated testimony support conviction long victim years age time offense tex code crim proc art vernon supp corroboration requirement continues force victims aged older modified definition outcry material thus version article effect time carmell trial version effect time offense conviction supportable uncorroborated testimony new version article applied carmell trial carmell argues application new version article trial violated ex post facto clause art cl proper understanding article texas code criminal procedure central case accordingly turn first effect purpose statute effect article sexual offense prosecutions plain victim certain age jury assessing whether prosecution met burden demonstrating guilt beyond reasonable doubt must give weight testimony unless testimony corroborated either evidence going directly guilt outcry victims ages time offense amendment repealed corroboration requirement amended version article thus permits sexual assault victims testimony considered jury manner effect witnesses generally texas prosecutions sort corroboration requirement still embodied article victims aged older common increasingly outmoded rule evidence purpose rein admissibility testimony legislature deemed insufficiently credible standing alone texas requirement corroboration outcry like similar provisions jurisdictions premised legislative judgment accusations made sexual assault victims certain age independently trustworthy see villareal state tex crim app basis rule failure make outcry promptly report rape diminishes credibility prosecutrix battle evidence outcry rebuts implied charge recent fabrication springs jurors assumptions sexual offense victims generally lying victim failure report crime promptly inconsistent victim current statement assault occurred legislatures many including texas enacted similar evidentiary provisions requiring corroboration testimony categories witnesses particularly accomplices see tex code crim proc art vernon supp conviction upon testimony accomplice unless corroborated evidence tending connect defendant offense committed provisions generally wane still force several like article designed ensure credibility relevant witness see state haugen purpose corroborating evidence show accomplices reliable witnesses worthy credit holladay state tex crim app witness accomplice usually deemed corrupt testimony always looked upon suspicion fleming state crim app purpose behind requirement corroboration protect accused falsely implicated another criminal hope clemency desire revenge make judgment propriety texas legislature decision view testimony certain sexual assault victims light accomplices ex post facto analysis depend assessment statute wisdom current purposes suffices note article corroboration requirement rests rationale underpins accomplice corroboration requirements notion particular witness role events issue might give trustworthy testimony see reed state tex app generally speaking need corroborate testimony sexual assault victim stems notion victim age consent accomplice rather victim hernandez state tex crim app concurring opinion adopted rehearing article corroboration requirement meant deal testimony victim sexual offense one reason another held accomplice witness perforce whose testimony must history article bears view focus always competency credibility victim witness origins statute traced fact texas many years seduced female incompetent witness matter law holladay see cole state tex see also hernandez tracing current article earlier seduction victim competency rule disability lifted statute replaced corroboration requirement prosecutions seduction female alleged seduced shall permitted testify conviction shall upon testimony said female unless corroborated evidence tending connect defendant offense charged tex rev crim tit ch art application statute offenses committed enactment upheld texas courts authority hopt territory utah see mrous state tex crim app corroboration requirement seduction prosecutions recodified tex code crim proc art remained effect entire penal code including offense seduction repealed article enacted substantially present form revised article covered sexual offenses chapter texas penal code however contained express exemption corroboration requirement testimony youngest victims tex code crim proc art vernon exemption victims age added extended cover age already described initially proposed change eliminated requirement altogether house research organization texas house representatives daily floor report mar lodging petitioner supporters proposal maintained ictims sexual assault cases likely fantasize misconstrue truth victims crimes require corroboration testimony previous outcry juries decide witness credible longer require type corroboration neither texas historical development article reveals progressive alleviation restrictions competency victim testimony legislative emphasis quantum evidence needed convict version article applied carmell trial thus effect purpose evidentiary rule governing weight may given testimony sexual assault victims attained age efforts paint something detached statute moorings consequently unpersuasive begin beyond doubt article establish element offense see love state tex crim app utcry one elements offense convict defendant sexual assault texas today prosecution need introduce victim testimony much less corroboration testimony therefore less correct asserting nder law effect time acts committed prosecution case legally insufficient petitioner entitled judgment acquittal unless state produce victim testimony corroborative evidence ante old new versions statute conviction sustained testimony single witness purely circumstantial evidence number ways long admissible evidence presented sufficient prove elements offense beyond reasonable either version article course accused convicted like defendant basis guilty plea voluntary confession article words define sexual assault proven corroborated victim testimony distinct offense sexual assault rather measure operates restrict state method proving without affecting way burden persuasion prosecution must satisfy support conviction old new versions statute applicable standard proof beyond reasonable doubt amendment repealed corroboration requirement victims ages nothing change standard recognizes article affect applicable burden persuasion see ante several times asserts amended version statute changed quantum evidence necessary sustain conviction ante emphasis added see also ibid amended law permitted petitioner convicted less previously required quantum evidence ante amended law educ es quantum evidence necessary meet burden proof emphases added word quantum means refer burden persuasion statements simply incorrect contradict acknowledgment appears likely quantum refers required quantity amount proof also wrong partial repeal article corroboration requirement change quantity proof necessary convict every case simple reason texas never required prosecution introduce particular number witnesses items proof support sexual assault also declares several times amended version article subverts presumption innocence see ante see also ante phrase comes cummings missouri wall struck series war amendments missouri constitution imposed penalties persons unable unwilling swear oath aided confederacy amendments said cummings subvert presumptions innocence hey assume parties guilty call upon establish innocence swearing oath nothing kind involved article impose presumption guilt carmell saddle task overcoming burden persuasion remained times state see tex code crim proc art vernon supp carmell presumption innocence thus untouched current article recognition full testimonial stature places perhaps greatest weight sufficiency evidence label see ante label stick noted article never dictated takes cases quantitatively qualitatively evidence sufficient convict contrary old new versions statute prosecution admissible evidence sufficient support conviction rational factfinder presented evidence find defendant guilty beyond reasonable doubt repeal corroboration requirement victims ages lower sufficiency evidence hurdle simply expanded range methods state use surmount sure one might descriptively say individual case uncorroborated testimony victim sufficient convict new version article insufficient old enough invalidate statute ex post facto evidentiary rules work defendant detriment unconstitutional applied offenses committed enactment outcome cases decisively reject see infra discussing thompson missouri hopt territory utah upheld retroactive application evidentiary rules governing authentication documents competency felons testify respectively defendant whose conviction turned example item hearsay evidence considered inadmissible time offense made admissible later enacted statute might accurately describe new statute one permits conviction less evidence sufficient prior law precedents establish defendant valid ex post facto claim see infra neither carmell attempts distinguish article evidentiary rules asserting latter ordinarily evenhanded sense may benefit either state defendant given case ante truth assertion clear evidence never admissible right must admitted purpose rules admissibility typically take basic fact account often restricting use evidence way systematically disadvantages one side consider example rule providing evidence rape victim sexual relations persons accused admissible prove consent rule providing evidence sexual assault defendant prior sexual offenses inadmissible show propensity commit type crime statute repealing either rules always run prosecution favor mak ing easier convict accused ante yet one today suggested statute ex post facto applied offenses committed enactment resists conclusion article functions rule witness competency asserting oth amendment victim testimony competent evidence ante technical sense blanket statement dubious victim years old older time offense older amended statute testimony unbolstered corroboration outcry jury may credit testimony determining whether state met burden proof victim course literally forbidden testifying make difference ex post facto clause purposes sufficiency evidence rule witness competency rule evidence jury permitted assign weight reality incompetent evidence perhaps misdirected wording article speaks old new versions evidence upon conviction supportable see ante sounds like sufficiency evidence rule one realizes evidence admissible criminal case evidence jury entitled consider determining whether prosecution met burden persuasion least potentially evidence upon conviction supportable conversely said evidence jury may give weight making determination effectively short matter phrased corroboration requirement article functionally identical conditional rule witness competency former version article provided instead testimony victim shall inadmissible prove defendant guilt unless corroborated produce results actual statute every case certain instances ante situations ante every recognizing equivalency texas criminal appeals noted texas accomplice corroboration rule mere rule evidence even though statutorily worded sufficiency standard malik state sum function purpose corroboration requirement embedded former version article ensure credibility victim testimony otherwise impede defendant conviction precedents explain next make clear retroactive repeal evidentiary rule violate ex post facto clause ii ex post facto clause said repeatedly furthers two important purposes first serves assure legislative acts give fair warning effect permit individuals rely meaning explicitly changed weaver graham second restricts governmental power straining arbitrary potentially vindictive legislation see also landgraf usi film products miller florida latter purpose much separation powers like textual conceptual neighbor bill attainder clause ex post facto clause aims ensure legislatures meddle judiciary task adjudicating guilt innocence individual cases weaver even attempt justify extension clause terms two fundamental purposes understandable today decision serves neither purpose first purpose fair warning reliance vital tenably relied upon carmell ample notice conduct engaged illegal certainly claim relied way preamendment version article tendered reason anticipate report assault within outcry period cause expect corroborating evidence turn sooner later clause second purpose relevant indication texas legislature intended single defendant class defendants vindictive arbitrary treatment instead amendment article simply brought rules governing certain victim testimony sexual offense prosecutions conformity texas law governing witness testimony generally holding new article unconstitutional applied carmell relies heavily fourth category ex post facto statutes enumerated justice chase opinion calder bull dall every law alters legal rules evidence receives less different testimony law required time commission offence order convict offender justice chase formulation dictum course calder involved civil statute held statute ex post facto reason alone moreover justices paterson iredell seriatim opinions gave hint considered rules evidence fall within scope clause see paterson iredell still come view justice chase categorical enumeration authoritative gloss ex post facto clause reach decade ago collins youngblood instance reiterated prohibition may evaded one defined calder categories words placed context full text collins opinion however strong case made collins pared number calder categories three eliminating altogether fourth category today heavily relies long ago beazell ohio catalogued ex post facto laws without mentioning chase fourth category collins cited apparent approval beazell omission fourth category declaring beazell formulation faithful best knowledge original understanding ex post facto clause legislatures may retroactively alter definition crimes increase punishment criminal acts collins concluded reciting plainest terms prohibitions laid ex post facto clause statute may punish crime act previously committed innocent done make burdensome punishment crime commission deprive one charged crime defense available according law time act committed recitation conforms calder first three categories fourth changes evidentiary rules nowhere majority asserts repeatedly endorsed justice chase formulation including particular fourth category offers string citation support claim ante yet cases simply quoted paraphrased chase enumeration mechanical task naturally entailed recitation fourth category one depended category judgment neither justice washington opinion ogden saunders wheat quoted extensively ante fact never today relied fourth calder category invalidate application statute ex post facto clause true two occasions struck ex post facto retroactive application rules governing functioning criminal trial process decisions since overruled kring missouri held missouri forbidden apply retroactively state constitutional amendment providing plea guilty murder automatically serve retrial acquittal charge murder thompson utah held change state law reducing number petit jurors criminal trials ex post facto deprived defendant substantial right involved liberty collins overruled kring thompson utah concluding neither decision consistent understanding term ex post facto law time constitution adopted collins today offers different reading collins concludes collins overruled kring thompson utah cases improperly construed ex post facto clause cover substantial protections fourth calder category consequently remains intact plausible reading collins might well prepared accept issue presented purposes case matter whether collins eliminated fourth calder category left undisturbed even fourth category remains viable precedents make clear stretched fit statutory change issue precedents decisions fully acknowledged fourth calder category firmly establish retroactively applied changes rules concerning admissibility evidence competency witnesses raise ex post facto clause concerns thompson missouri upheld ex post facto attack retroactive application statute permitted introduction previously inadmissible evidence demonstrate authenticity disputed writings new statute reasoned nothing remove obstacle arising rule evidence withdrew consideration jury testimony opinion legislature tended elucidate ultimate essential fact established namely guilt accused case similar one us hopt territory utah case statute effect time offense repealed time trial provided felons incompetent testify defendant whose conviction capital murder based large part testimony felon claimed application new law trial ex post facto rejected defendant claim adopting reasoning applicable instant case statutes simply enlarge class persons may competent testify criminal cases ex post facto application prosecutions crimes committed prior passage attach criminality act previously done innocent done aggravate crime theretofore committed provide greater punishment therefor prescribed time commission alter degree lessen amount measure proof made necessary conviction crime committed quoted passage shows hopt rejected defendant ex post facto clause claim retaining calder fourth category outcome obtain today hopt meaningfully distinguished instant case asserts article plainly fits fourth calder category equiring victim testimony convict rather victim testimony plus corroborating evidence surely less testimony required convict straightforward sense words ante yet declare article ex post facto basis overrule hopt without saying amended version article requires less testimony convict countless evidentiary rules including felon competency rule whose retroactive application upheld hopt case hopt conviction based evidence previously deemed inadmissible sustained pursuant broadened rule regarding competency testimonial evidence mere fact new version article makes convictions easier obtain enough preclude retroactive application even though may work disadvantage defendant procedural change ex post facto dobbert florida short expansive new reading ex post facto clause squared prior decisions rather embrace unprecedented approach advance commonsense understanding calder fourth category ante one comports precedents underlying purposes ex post facto clause laws reduce burden persuasion prosecution must satisfy win conviction may applied offenses committed enactment sure reading leave fourth category considerably less independent effect justice chase day given intervening decisions establishing beyond reasonable doubt standard constitutional minimum due process clause see winship jackson virginia reading necessarily renders category meaningless even today imagine example statute requiring prosecution prove particular sentencing enhancement factor leadership role offense say obstruction justice beyond reasonable doubt new statute providing factor established mere preponderance evidence might rank ex post facto applied offenses committed enactment might said statute retroactively increasing defendant burden persuasion affirmative defense burdens persuasion qualitative tests sufficiency calder fourth category however encompasses quantitative sufficiency rules well justice chase speak law receives less testimony law required time commission offence emphasis added cf hopt treason see art iii cl person shall convicted treason unless testimony two witnesses overt act confession open see generally wigmore required numbers witnesses brief history numerical system england harv rev treason statute effect time john fenwick conspiracy like treason clause constitution embodied quantitative sufficiency rule long accused traitor put prosecution proof pleading guilty sworn testimony two witnesses necessary support conviction describes great length attainder fenwick served cautionary model justice chase explication fourth category calder see ante excursion english history diverting statement circumstances petitioner case parallel fenwick case years earlier ante simply wash preamendment version article nothing like rule fenwick vainly first preamendment version article unlike rule apply indifferently testify rather branded particular class witnesses sexual assault victims aged older less competent others speak second already described texas statute restrict state one prescribed form proof amendment introduction victim corroborated testimony neither required necessarily sufficient sustain conviction prosecutors compliance old new versions article thus says absolutely nothing whether introduced quantum evidence sufficient convict offender ante contrary sufficiency rule applicable texas sexual offense prosecutions always qualitative one state evidence must sufficient prove every element offense beyond reasonable doubt surprising makes little sense modern legal system conceive standards proof quantitative terms civil case winner party produces better evidence party produces evidence similarly criminal trial prosecution need introduce fixed amount evidence long evidence introduce persuade rational factfinder beyond reasonable doubt system justice rests general assumption truth determined merely number witnesses side controversy gauging truth conflicting evidence jury simple formulation weights measures rely touchstone always credibility ultimate measure testimonial worth quality quantity weiler wishes rely fourth calder category render texas altered evidentiary rule prospective forthrightly overruling hopt thompson missouri rather attempting portray article quantitative sufficiency rule indistinguishable requirement figured john fenwick case sum well settled today retroactive changes rules concerning admissibility evidence competency witnesses testify ex post facto article function purpose rule admissibility thompson missouri hopt beazell collins dictate retroactive application violate ex post facto clause conclusion comports perfectly dual purposes underlie clause ensuring fair notice individuals rely laws force time engage conduct sustaining separation powers preventing passage vindictive legislation today thus brings undefined enlargement ex post facto clause collins conflicts established precedent also fails advance clause fundamental purposes reasons dissent footnotes chapter sections statute refers cover charges contained indictment petitioner chapter includes offense indecency child covers sexual assault criminalizes aggravated sexual assault texas courts treat article sufficiency evidence rule rather rule concerning competency admissibility evidence ordinarily evidence excluded erroneously admitted defendant trial error remedied appeal reversing conviction remanding new trial see miles state tex crim app beltran state tex crim app trial failure comply requirements article contrast results remand new trial reversal conviction remand entry order acquittal see scoggan oral argument texas agreed foregoing accurate description texas law see tr oral arg new statute read full conviction chapter section section penal code supportable uncorroborated testimony victim sexual offense victim informed person defendant alleged offense within one year date offense alleged occurred requirement victim inform another person alleged offense apply victim younger years age time alleged offense tex code crim art amended act may reg ch tex laws act may reg ch tex laws victim make outcry march six months alleged offenses although amendment article extended outcry period six months one year see supra victim outcry come within time period either accordingly change outcry provision immaterial case state argues evidence corroborating victim testimony help petitioner even old law applies see brief respondent state however petitioner argued nothing corroborate victim version events tex app accepted contention correct purposes decision compare utah schreuder utah finding ex post facto violation virgin islands civil new york hudy ex post facto violation murphy sowders murphy kentucky see also idaho byers idaho judicial change witness corroboration rule may applied retroactively bowyer dc federalist rossiter ed madison hamilton article cl similar prohibition applicable congress bill attainder ex post facto law shall passed elsewhere opinion justice chase described taxonomy ex post facto laws follows sometimes ex post facto laws respected crime declaring acts treason treason committed times violated rules evidence supply deficiency legal proof admitting one witness existing law required two receiving evidence without oath oath wife husband testimony courts justice admit times inflicted punishments party law liable punishment cases inflicted greater punishment law annexed offence emphasis deleted wooddeson well known treatise british common law systematical view laws england collected various lectures delivered vinerian professor fellow magdalen college oxford though well known today justice chase noted wooddeson william blackstone successor blackstone held vinerian chair oxford treatise repeatedly cited years following ratification lawyers appearing see trustees dartmouth college woodward wheat argument daniel webster story town pawlet clark cranch story nereide cranch story cooper telfair dall arguments edward tilghman jared ingersoll alexander dallas hannum spear dall err app glass sloop betsey dall specifically former category wooddeson included laws make innovation creat forfeiture disability incurred ordinary course law wooddeson systematical view laws england latter category placed laws imposed sentence severe awarded inferior courts examples former category wooddeson cited bills passed parliament banished lord clarendon bishop atterbury punishments considered innovation incurred ordinary course law banishment times simply form penalty imposed courts see holdsworth history english law craies compulsion subjects leave realm rev see wooddeson referring laws respec crime determining things treason prior law adjudication declared referring laws respecting rules evidence rectifying deficiency legal proof created one witness available statute lately made requiring two witnesses effect describing acts parliament principally affect punishment making therein innovation creating forfeiture disability incurred ordinary course law referring instances legislature imposed sentence severe awarded inferior courts compare supra instances cited case earl strafford case sir john fenwick banishment lord clarendon bishop atterbury coventry act reception given four categories contrasts given calder actual holding ex post facto clause applies criminal laws civil laws early criticism levied holding see satterlee matthewson pet app johnson concurring stoddart smith binn brackenridge absent respect four categories although justice chase opinion may somewhat dampened appetite debate courts consideration necessarily effect scholarly discourse explain judges reluctant express criticism four categories yet harbor compunction came criticizing actual holding act read relevant part bee enacted noe person persons whatsoever shall bee indicted tryed attainted high treason upon oaths testimony two lawfull witnesses either overtact one one another another overtact treason unlesse party indicted arraigned tryed shall willingly without violence open confesse shall stand mute refuse plead cases high treason shall peremptorily challenge number thirty five jury time fenwick wife handled bribe deftness lacking first attempt goodman popularly called scum goodman see macaulay easier target lady fenwick agent gave goodman offer refuse abscond rewarded throat cut spot goodman instinct prevailed agent never parted company safely reached france ibid see proceedings sir john fenwick upon bill attainder high treason hereinafter proceedings extraordinary bring sir john fenwick answer treason one witness treason treason treason unless proved two witnesses hath objected two witnesses late statute take part law land man condemned treason without two witnesses sit judge sit judge according law england set judgment upon one witness law says shall two say reasonable proceeding see believe house ca take away persons life upon less evidence inferiour courts shall supream authority go upon less evidence satisfie sir john fenwick guilt courts ca satisfie self conscience think misfortune might follow posterity passed sentence upon sir john fenwick life upon less evidence law england requires liberty people england much concerned revocation act none arguments used convince give judgment upon less evidence required act see ca say persons last sessions parliament imprisoned act ex post facto subsequent fact complained yet passed law legally detained hope may take notice case kind reason end laws may grow familiar may easily obtained precedents generally grow law ex post facto extended liberty extends life much make subsequent law condemn man death afraid none safe admitted subsequent law may take away man life emphasis added sir hath urged ill consequence much injustice make law punish man ex post facto shall judge laws may judge treason house law give leave say therefore power reserved parliament declare thing treason treason emphasis added according law man shall declared guilty treason unless two witnesses man satisfie conscience condemn man law subsequent fact case emphasis added think may confidently affirm much one precedent person taken away tryal cut extrajudicially act made purpose ex post facto acts made since made certainly provide case whatsoever man much accused without two witnesses treason law ex post facto hath always condemned texas argues corroborative evidence required article need different victim testimony may entirely cumulative victim testimony brief respondent see also post dissenting opinion trouble argument true fenwick case relevant statute required testimony two lawfull witnesses either overtact one one another another overtact treason see supra emphasis added clause course also aimed concerns namely legislative enactments give fair warning effect permit individuals rely meaning explicitly changed miller florida internal quotation marks omitted reinforcing separation powers see weaver graham aims absence reliance interest argument favor abandoning category conclusion follow calder third category increases punishment reliance interests planning future criminal activities based expectation less severe repercussions lowering burden persuasion sure precisely thing lowering matter law amount evidence necessary meet burden follow dissent appears think former subverts presumption innocence post mean say every rule effect whether defendant convicted implicates ex post facto clause ordinary rules evidence example violate clause see infra rules nature ordinarily evenhanded sense may benefit either state defendant given case crucially rules simply permitting evidence admitted trial subvert presumption innocence concern whether admissible evidence sufficient overcome presumption therefore extent one may consider changes laws unfair unjust implicate kind unfairness implicated changes rules setting forth sufficiency evidence standard moreover principle unfairness helps explain shape clause scope doctrine unto invalidating laws ex post facto clause force cf kirkpatrick environmental tectonics fenwick case also illustrates ex post facto laws operate similarly retrospective increases punishment adding coercive pressure accept plea bargain fenwick first brought lord justices given opportunity make confession king though squandered opportunity authoring plain contrivance fenwick reasonably assumed sincere confession rewarded leniency functional equivalent plea bargain see macaulay bill attainder taken house commons evidence done pressure fenwick making honest confession failed make see proceedings matter blood true aim gentleman life propose get confession aim sir john fenwick blood god forbid confession give leave say new way known england hang man unless confess give evidence house lords fenwick explicitly threatened unless confessed proceed consider bill macaulay massachusetts clause read follows laws made punish actions done existence laws declared crimes preceding laws unjust oppressive inconsistent fundamental principles free government constitution massachusetts pt art swindler sources documents constitutions hereinafter swindler constitutions maryland north carolina used identical words retrospective laws punishing facts committed existence laws declared criminal oppressive unjust incompatible liberty wherefore ex post facto law made maryland constitution declaration rights art swindler north carolina constitution declaration rights art swindler delaware declaration rights fundamental rules art swindler stated retrospective laws punishing offenses committed existence laws oppressive unjust made help much cite justice iredell statement ex post facto laws include inflict punishment act innocent time committed increase degree punishment previously denounced specific offence calder bull dall argument still requires us believe justice iredell justice iredell got right authorities including blackstone state constitutions somehow missed point see act attainder thomas earle strafford high treason car ch statutes realm reprint act banishing disenabling earl clarendon car ii ch statutes realm act inflict pains penalties francis atterbury lord bishop rochester geo ch act prevent malicious maiming wounding coventry act car ii ch bills earl clarendon bishop atterbury appear bills pains penalties see chafee coventry act see wooddeson simply subspecies bills attainder difference punishment something less death see drehman stifle wall dissent us dismiss numerous repeated invocations fourth category see supra merely mechanical recitation cases depend fourth category post instead dissent glean original meaning beazell ohio collins youngblood post first dissent factually mistaken cummings missouri relied fourth category invalidating laws issue see infra hopt territory utah discussed infra specifically distinguished category four see post hopt retain ed calder fourth category second mentioned neither beazell collins relied fourth category apparent dissent place much emphasis two cases depend category four see proceedings upon hear opinion notoriously guilty shall freely pass bill much doubt guilty according old rule quod dubitas ne feceris doubt nothing shall see also coffin ne single witness credited twelve sufficient hundred witnesses credited sufficient convict person capital crime proceedings see also recognize appeals stated article merely removes existing restrictions upon competency certain classes persons quoting hopt subsection contains exception hildren persons examined appear possess sufficient intellect relate transactions respect interrogated also worth observing rule codified tex code crim proc art vernon section immediately preceding law issue case provision read persons competent testify criminal cases contained similar exception child witnesses think fair infer texas well aware differences language used adjacent provisions understood laws served two different functions dissent views article exception general rule former article finds logical exception placed next general rule post suggest reason logical supposed exception phrased language utterly different general rule dissent seems unwilling concede distinction though admits article uncorroborated victim literally forbidden testifying post also insists testimony inadmissible post jury permitted consider post see also post referring article rule witness credibility post referring texas law rule admissibility post referring law one competency think clear text article rule however victim testimony alone inadmissible insufficient perhaps one draw distinction convictions based confessions open convictions based evidence like though distinction comport language fourth category apparent example accused confession might thought outside state control see supra clear though availability evidence victim testimony within state control defendant confession dissent contends witness competency rule produce results sufficiency rule post emphasis deleted willing assume much argument sake dissent statement entirely correct witness competency rule produce result rule combination normally operative sufficiency rule failure comply requirements article contrast mean evidence insufficient convict force law alone difference demonstrates distinction witness competency rules sufficiency evidence rules points precisely distinction hopt drew illustrates contrary dissent contention conclusion article apply countless evidentiary rules post also dissent statement misdirected plain text article wrong post dissent asserts evidence admitted applicable rule evidence potentially support conviction therefore article explicit specification conviction supportable requirements met distinguish ordinary rules evidence point whether certain evidence support conviction determined rule admissibility separate normally operative sufficiency evidence rule distinction dissent finds illusive article determines evidence sufficiency sufficiency evidence rule witness competency rules ordinary rules evidence admissibility rules sufficiency rules see also nn supra footnotes correctly notes carmell ex post facto challenge applies equally three counts convicted ante grant review however limited first question presented carmell petition certiorari encompassed count charging june assault pet cert texas appeals rule whether state fact corroborate testimony trial note testimony mother visited carmell jail told needed confess sorry done wrote adultery piece paper tex app testimony might count corroboration question outside grant certiorari like see ante address first glance one might object statute permits jury give testimony weight enough support conviction see ante contending old article victim testimony alone inadmissible insufficient moment reflection reveal however distinction illusory particular item evidence support conviction jury permitted consider unless corroborating evidence introduced corroborated victim testimony necessary conviction former version article always sufficient old new versions statute prosecution evidence support conviction unless adequate prove elements offense beyond reasonable doubt reasoning repeal corroboration requirement victims ages plainly deprive sexual assault defendants defense previously enjoyed moreover even case founded victim testimony version article permit prosecution corroborate testimony without introducing additional evidence going defendant guilt corroboration provided outcry hearsay inadmissible prove truth matter asserted see heckathorne state tex app outcry admitted truth merely evidence victim informed someone cf fed rule evid restricting admissibility vidence offered prove alleged victim sexual misconduct engaged sexual behavior providing evidence specific instances sexual behavior alleged victim respect person accused admissible prove consent providing evidence defendant commission another offense offenses sexual assault admissible sexual assault cases notwithstanding rule general prohibition introduction prior bad acts evidence show action conformity therewith thus wonder general rule witness competency codified article texas code criminal procedure statute issue immediately followed article exception general rule laid article logical put exception right rule yet draws opposite inference juxtaposition see ante related observation texas general witness competency statute already contains provision respecting child witnesses ante true irrelevant article corroboration requirement nothing diminished credibility child witnesses indeed statute always permitted juries credit fully testimony sexual offense victims certain age first without corroboration reason apparently legislature considers victims certain age young consent sex lie see scoggan state tex crim app hernandez state tex crim app concurring opinion adopted rehearing corroboration requirement attaches victims certain age thus appropriate inclusion provision respecting child witnesses contends effect article distinct witness competency rule noncompliance former dictates acquittal ex proprio vigore noncompliance latter dictates acquittal combination normally operative sufficiency rule ante distinction without difference normally operative sufficiency rule question prosecution submits admissible evidence case deemed insufficient bedrock requirement due process applicable every criminal trial observes characterization state law ex post facto clause federal question ante undoubtedly correct observation stands tension however reliance assertion texas courts treat article sufficiency evidence rule ante event latter assertion inaccurate malik discussion accomplice corroboration rule suggests true trial failure comply article results appeal entry order acquittal true remedy appeal introduction inadmissible evidence always remand new trial evidence introduced prosecution evidence may considered jury determining defendant guilt proper result always acquittal reasoning decided term appeals found evidence improperly admitted civil trial remaining evidence insufficient may enter judgment matter law rather ordering new trial weisgram marley today opinion apart see ante consistently stressed lack fair one central concerns ex post facto clause lynce mathis quoting weaver graham see also landgraf usi film products miller florida weaver implausibility ex ante reliance rules admissibility like one issue helps explain ex post facto clause never held apply changes rules california dept corrections morales similarly enumerated categories ex post facto laws without mentioning fourth category cummings missouri wall invoked fourth category see invocation hardly necessary holding cummings already noted invalidated bill attainder clause ex post facto clause grounds state constitutional amendments imposed punishment persons unable swear oath taken arms union civil war recognized challenged amendments though framed terms method proof aimed past acts future acts aided confederacy unable take expurgatory oath held amendments violated calder first category retroactively creating new offenses violated third category retroactively imposing new punishments calder fourth category said amendments subvert ed presumptions innocence assum ing parties guilty already discussed supra analysis help carmell tellingly offers evidence anyone time framers considered witness corroboration requirements type involved fall within scope ex post facto prohibition texas legislature wants enact rule knows see tex code crim proc art vernon supp person convicted treason except upon testimony least two witnesses overt act upon confession open art person may convicted perjury aggravated perjury proof statement false rests solely upon testimony one witness noncompliance former version article say something statute mandates acquittal prosecution comes forward evidence beyond victim testimony deemed unreliable standing alone recognizes witness competency rule practical effect telling us evidence result acquittal really speak calder fourth category ante