The trial court held that Heidi's law was an ex post facto violation as applied to defendant's case. Ex post facto laws are ones that: (1) attach legal consequences to acts before their effective date, and (2) they work to the disadvantage of the defendant.” The Court of Appeals held that, although Heidi's Law certainly works to defendants' disadvantage, the "amendment did not attach legal consequences to their prior offenses, which occurred before the amendment's effective date. Rather, the amendment made the consequences of their current offenses, which occurred after January 3, 2007, more severe based on defendants' prior convictions."
This issue is popping up in circuit courts all over Michigan, and certainly will be the subject of an appeal to the Michigan Supreme Court, if not the United States Supreme Court.
Labels: Ex Post Facto, Heidi's Law, Isabella County, Michigan