Carmell v. Texas — Ginsburg, J., concurring

Summary

Justice Ginsburg, dissenting, argues that Article 38.07 of the Texas Code of Criminal Procedure is an evidentiary witness competency rule rather than a sufficiency of evidence rule. She reasons that retroactive application of such rules does not violate the Ex Post Facto Clause under precedents like Hopt and Thompson v. Missouri, as it does not change the burden of persuasion or create new offenses.