Opinion

Weaver v. Graham

  • 450 U.S. 24
  • 49 U.S.L.W. 4155
  • 101 S. Ct. 960
  • 67 L. Ed. 2d 17
  • 1981 U.S. LEXIS 67
Court
Supreme Court of the United States
Filed
Feb 24, 1981
Status
Published
Author
Blackmun
On the bench
Marshall, Brennan, Stewart, White, Powell, Stevens, Blackmun, Burger, Rehnquist
Cited by
2,183 cases
Authority
More cited than 24.1%

Reported overruled on other grounds by California Department of Corrections v. Morales, 514 U.S. 499 (1995) — not on the Supreme Court's list

stating that the Ex Post Facto Clause, which operates on statutes regardless of their effect on "vested rights,” supports the separation-of-powers principle by confining the Legislature to the enactment of prospective criminal sanctions, and the Judiciary to the application of existing criminal law

How later courts described this case

  • stating that the Ex Post Facto Clause, which operates on statutes regardless of their effect on "vested rights,” supports the separation-of-powers principle by confining the Legislature to the enactment of prospective criminal sanctions, and the Judiciary to the application of existing criminal law
  • stating that Ex Post Facto Clause forbids enactment of a law “which imposes a punishment for an act which was not punishable at 8 the time it was committed; or imposes additional punishment to that then prescribed” (emphases added) (quoting Cummings v. Missouri, 71 U.S. 277 , 325–326 (1867))
  • stating that ex post facto prohibition in United States constitution "forbids the Congress and the States to enact any law which imposes a punishment for an act which was not punishable at the time it was committed; or imposes additional punishment to that then prescribed”
  • stating that “[t]he ex post facto prohibition forbids the Congress and the States to enact any law ‘which imposes a punishment for an act which was not punishable at the time it was committed; or imposes additional punishment to that then prescribed.’”

Written by the judges who cited it.

Later courts went against this

  • Reported overruled on other grounds by California Department of Corrections v. Morales, 514 U.S. 499 (1995) — not on the Supreme Court's list

    67 L Ed 2d 17 (1981), overruled in part on other grounds California Dep’t of Corrections v Morales, 514 US 499
    Supreme Court of the United StatesApr 25, 19959 citing opinionsother groundsunconfirmed confidenceRead it
  • Reported overruled on other grounds by Collins v. Youngblood, 497 U.S. 37 (1990) — not on the Supreme Court's list

    450 U.S. 24, 33, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981), overruled on other grounds by Collins v. Youngblood, 497 U.S. 37, 41, 110 S.Ct. 2715, 111 L.Ed.2d 30 (1990)
    Supreme Court of the United StatesJun 21, 1990other groundsunconfirmed confidenceRead it
  • Declined to follow by Brown v. State, 11 Fla. L. Weekly 961 (1986)

    We reject Jackson’s contention that Weaver v. Graham, 450 U.S. 24 [101 S.Ct. 960, 67 L.Ed.2d 17] (1981), should control in these circumstances.
    District Court of Appeal of FloridaApr 23, 1986Read it
  • Declined to follow by State v. Jackson, 10 Fla. L. Weekly 564 (1985)

    We reject Jackson's contention that Weaver v. Graham, 450 U.S. 24, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981), should control in these circumstances.
    Supreme Court of FloridaOct 17, 1985Read it

Distinguished

  • Distinguished by Gwong v. Singletary, 683 So. 2d 109 (1996)

    The department argues that Waldrup and Weaver are distinguishable because they both deal with changes in the law, whereas here we are confronted with a change in an administrative rule.
    Supreme Court of FloridaNov 22, 1996Read it
  • Distinguished by Wilkerson v. State, 11 Fla. L. Weekly 45 (1985)

    We reject Jackson's contention that Weaver v. Graham, 450 U.S. 24 [101 S.Ct. 960, 67 L.Ed.2d 17] (1981) should control in these circumstances.
    District Court of Appeal of FloridaDec 23, 1985Read it
  • Distinguished by In Re Ramirez, 39 Cal. 3d 931 (1985)

    First, he argued that Weaver is distinguishable because the credits there were reduced regardless of the prisoner’s good conduct.
    California Supreme CourtSep 26, 1985Read it
  • Distinguished by Love v. Black, 597 F. Supp. 1092 (1984)

    But Weaver is clearly distinguishable.
    District Court, E.D. MissouriNov 8, 1984Read it

The opinion

Justice Blackmun,

with whom The Chief Justice joins, concurring in the judgment.

Were the Court writing on a clean slate, I would vote to affirm the judgment of the Supreme Court of Florida. My *37 thesis would be: (a) the 1978 Florida statute operates only prospectively and does not affect petitioner’s credits earned and accumulated prior to the effective date of the statute; (b) “good time” or “gain time” is something to be earned and is not part of, or inherent in, the sentence imposed; (c) all the new statute did was to remove some of petitioner’s hope and a portion of his opportunity; and (d) his sentence therefore was not enhanced by the statute. In addition, as the Court’s 18th footnote reveals, ante, at 34-35, the statutory change by no means was entirely restrictive; in certain respects it was more lenient, as the Court’s careful preservation for this prisoner of the new statute’s other provisions clearly implies. Ante, at 36 and this page, n. 22.

The Court’s precedents, however, particularly Lindsey v. Washington, 301 U. S. 397 (1937), and the summary disposition of Greenfield v. Scafati, 277 F. Supp. 644 (Mass. 1967), aff’d, 390 U. S. 713 (1968), although not warmly persuasive for me, look the other way, and I thus must accede to the judgment of the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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