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State v. Burr7/29/1999
te violates both federal and state ex post facto restrictions. In the end, I hark back to the test applied by the territorial court in Miller and by this court in Rooney, and measure the law by its effect. I ask: does the statute impose more punishment on Burr for his crime than was authorized at the time he committed the crime? It does. Burr had fully served his sentence, completed his probation and been released from supervision before § 12.1-32-15 swept him under its reach. If the ex post facto clauses of the state and federal constitutions are not violated in this circumstance, then those "constitutional bulwarks" are not true fortifications that protect personal liberty from the power of government. They are ephemeral barriers that dissolve whenever the state enacts new means to protect society regardless of the punitive and retroactive effect of those means. I do not read either the state or federal constitutional provision to be so insubstantial. Therefore, I Dissent.
[ ] Carol Ronning Kapsner Mary Muehlen Maring
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