Constitutional Law

KY Supremes to consider retroactivity of "no retreat"

Story here.

Had the same issue here in AZ. It'd help if drafters of legislation remembered always to include a saving clause. I.e., this legislation applies to events occuring after the effective date, or prosecutions filed after its date, or cases pending on its date, or cases or appeals pending on its date. Just say what it is, and that's it. Leave it open, and anything can happen (most likely the courts find it only applies to events occurring after its date). I did some research a ways back, and found some cases indicating that a loosening of a criminal statute is given broad effect, while a tightening, under the double jeopardy clause, can't be given.

Full post as published by Of Arms and the Law on August 31, 2008 (boomark / email).