Myers v. Baker, et al.
Annotate this CasePetitioner K.C. Myers challenged the trial court’s determination that his exclusion from the earned-time program for a disqualifying offense did not violate the Ex Post Facto Clause of the U.S. Constitution. Petitioner was accused of committing burglary on August 17, 2019, almost two months after the original earned-time bill, 2019, No. 56, §§ 1-9, was signed into law. He was arraigned in March 2020 and pled no contest on May 2020, receiving a two-to-five-year prison sentence. Petitioner was serving a suspended sentence for lewd and lascivious conduct with a child when he received the burglary sentence. Petitioner, like all others in prison meeting the standards set forth in 2019, No. 148 (Adj. Sess.), § 14, became eligible for earned time starting on January 1, 2021. The earned-time program was again amended by 2021, No. 12, § 2, which became effective on April 26, 2021. The central question in this appeal was whether the effective date of the earned-time program or the enactment date of the statute mandating its creation controlled for the purposes of an ex-post-facto analysis. Because the Vermont Supreme Court agreed with the trial court that the program’s effective date controlled, and, therefore, petitioner’s disqualification from the program did not offend the U.S. Constitution’s prohibition on ex-post- facto laws, judgment was affirmed.
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