State v. Melvin Hester; State v. Mark Warner; State v. Anthony McKinney; State v. Linwood Roundtree (079228) (Essex County and Statewide) (A-91-16; 078862)
The Federal and State Ex Post Facto Clauses bar the retroactive application of the 2014 Amendment to defendants’ CSL violations. The 2014 Amendment retroactively increased the punishment for defendants’ earlier committed sex offenses by enhancing the penalties for violations of the terms of their supervised release. The Amendment, therefore, is an ex post facto law that violates the Federal and State Constitutions as applied to defendants. The Court affirms the judgment of the Appellate Division dismissing defendants’ indictments.
