California Department of Corrections v. Morales

Summary

Justice Thomas, writing for seven Justices, held that retroactively applying California's 1981 amendment permitting deferral of certain multiple offenders' parole suitability hearings did not violate the Ex Post Facto Clause. The amendment left substantive sentencing and parole standards unchanged and created only a speculative and attenuated risk of increasing punishment, given its narrow coverage, required individualized findings, and possibilities for expedited hearings and adjusted release dates. Justice Stevens dissented, joined by Justice Souter, arguing that eliminating the statutory right to annual hearings reduced opportunities for early release and that discretionary safeguards and speculative corrective procedures could not cure the constitutional violation.