Evans v. Gerry, No. 10-2133 (1st Cir. 2011)
Annotate this CaseIn 2001, a jury convicted defendant of reckless second-degree murder, five counts of second-degree assault, endangering the welfare of a minor, and simple assault in connection with the death of his girlfriend's 21-month-old daughter. The trial court ordered a term of 28 years to life on the murder conviction, but imposed suspended sentences on the remaining charges. A few months before sentencing, New Hampshire changed the law to allow the state as well to apply for review of sentences. An appellate court imposed sentences of 5 to 10 years on one of the second degree assault charges and 10 to 30 years on a second such charge, increasing defendant's minimum term from 28 to 43 years. The state's highest court affirmed. The federal district court denied a petition for habeas corpus. The First Circuit affirmed. If Supreme Court cases give no clear answer to the question presented, a state court's resolution of a constitutional question may not serve as a basis for habeas relief. In this case, no one can be sure what the Supreme Court would do in a case involving Ex Post Facto doctrine in this new and different context.
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