In what circumstances will an ex post facto claim be denied?

California, United States of America


The following excerpt is from People v. Tejada, H045732 (Cal. App. 2020):

Tejada concedes that California courts have upheld Evidence Code section 1108 against ex post facto claims. The concession is well-taken. "Since Evidence Code section 1108 does not alter the definition of a crime, increase punishment, or eliminate a defense, it does not violate the ex post facto clause." (People v. Fitch (1997) 55 Cal.App.4th 172, 186.)

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