Does the ex post facto clause in the California Criminal Code apply to a judicial construction of a criminal statute that is unexpected and indefensible?
California, United States of America
The following excerpt is from People v. Crew, 3 Cal.Rptr.3d 733, 31 Cal.4th 822, 74 P.3d 820 (Cal. 2003):
The due process clause, not the ex post facto clause, bars retroactive application of a judicial construction of a criminal statute that is unexpected and indefensible by reference to the law expressed before the conduct in issue. (People v. Martinez (1999) 20 Cal.4th 225, 238, 83 Cal.Rptr.2d 533, 973 P.2d 512.)
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