Q: Is AS 12.72.020(a)(3)(a) and AS 12.72.020(a)(6) Punitive Ex post facto Statutes
A:
Alaska Statutes AS 12.72.020(a)(3)(a) and AS 12.72.020(a)(6) are not considered punitive ex post facto statutes. Ex post facto laws are those that apply retroactively and change the legal consequences of actions that were committed before the enactment of the law. In the case of these statutes, they pertain to post-conviction relief and do not retroactively increase the punishment for a crime already committed.
When evaluating whether a statute is ex post facto, it’s crucial to determine if the law imposes additional punishment after the fact. The statutes in question are procedural and pertain to the timing and manner of filing for post-conviction relief, rather than altering the punishment itself.
Therefore, these statutes do not meet the criteria for being punitive ex post facto laws, as they do not retroactively affect the severity of the penalty for past crimes. Instead, they govern the process by which individuals can seek relief after a conviction.
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