May a state prosecute a defendant for violating a statute enacted after the defendant's conduct, without violating the Ex Post Facto Clause, merely because the statute does not indicate that it applies retroactively?

QUESTIONS PRESENTED FOR REVIEW 1. May a state prosecute a defendant for violating a statute enacted after the defendant’s conduct, without violating the Ex Post Facto Clause, merely because the statute does not indicate that it applies retroactively? 2. Does the Fourteenth Amendment’s Due Process Clause preclude a state from obtaining a conviction on the basis of a jury instruction that uses the precise language of a criminal statute enacted after the defendant’s conduct and that broadens the scope of criminal liability? ii RELATED CASES © Commonwealth v. Spanier, No. Court of Common Pleas for Dauphin County, Pennsylvania. Judgment entered June 2, 2017. ¢ Commonwealth v. Spanier, No. 1093 MDA 2017, Superior Court of Pennsylvania. Judgment entered June 26, 2018. e Spanier v. Libby, No. 3:19-cv-523, U.S. District Court for the Middle District of Pennsylvania. Judgment entered April 30, 2019. e Spanier v. Director Dauphin County Probation Services, No. 19-2228, U.S. Court of Appeals for the Third Circuit. Judgment entered December 1, 2020.