DueProcess HabeasCorpus
Does California's Three Strikes Reform Act of 2012 violate the Ex Post Facto Clause and/or the Due Process Clause?
QUESTIONS PRESENTED Does California’s Three Strikes Reform Act of 2012 (“the Reform Act”), as interpreted by California’s Supreme Court, violate the Ex Post Facto Clause (U.S. Const., Art. 1, § 10) and/or the Due Process Clause of the Fourteenth Amendment, altering the penal consequences of Mr. Harris’s convictions for witness dissuasion (Cal. Pen. Code § 136.1) by excluding from the substantial resentencing benefits of the Reform Act any person whose “current offense” conviction is for a crime defined as a “serious felony” under California law as of the operative date of the Reform Act, where said current offense crime was not a serious felony at the time of its commission? 1