Supreme Court of the United States

Weaver v. Graham

February 24, 1981450 U.S. 24

Summary

The Court held that Florida's revised gain-time statute violated the Ex Post Facto Clause as applied to a prisoner whose offense preceded the statute's enactment. The statute operated retrospectively because it changed the legal consequences of the completed offense, and it disadvantaged the prisoner by reducing automatically available credits and lengthening the period of incarceration. The judgment was reversed and the case remanded so the state court could apply the law in effect when the offense occurred, to the extent possible.

Holding

  • Application of the revised gain-time formula to a prisoner whose offense preceded its enactment. The revised formula is unconstitutional as applied to the petitioner because it is retrospective and makes the punishment more onerous by reducing the gain-time credits automatically available for good conduct, thereby lengthening the period of incarceration.

Docket 79-5780

Cited authorities

  • Fla. Stat. § 944.27
  • Fla. Stat. § 944.27
  • Fla. Stat. § 944.275
  • Fla. Stat. § 944.275
  • Fla. Stat. § 944.275
  • Fla. Stat. § 944.012
  • Fla. Stat. §§ 944.275
  • Fla. Stat. § 944.275

Cited by