The following excerpt is from Karstetter v. Tucker, 981 F.2d 1258 (9th Cir. 1992):
Second, the ex post facto clause prohibits the retrospective application of a law if it disadvantages a criminal defendant. Miller v. Florida, 482 U.S. 423, 430 (1987). A law disadvantages a defendant for purposes of the ex post facto clause if it makes criminal a previously innocent act, increases the punishment for a crime, or changes the proof necessary to convict. Id.
The ex post facto clause is violated when a law takes away a prisoner's expectation that he will receive annual parole review pursuant to a specified standard. Watson v. Estelle, 859 F.2d 105, 109-10 (9th Cir.1988), vacated on other grounds, 886 F.2d 1093 (9th Cir.1989).
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