West Virginia v. Deel (Signed Opinion)Annotate this Case
In 2004, the Petitioner was charged with sexual abuse in the first degree, attempt to commit a felony of sexual assault in the first degree, sexual assault in the first degree and sexual abuse by a custodian, based on 2001 incidents involving his step-granddaughter. He was convicted in 2005. The court ordered that, following his discharge from the penitentiary after serving a 10-20 year sentence for his sexual abuse by a custodian conviction, he “shall be placed on probation for a period of ten (10) years” with specific conditions. In 2006, the Legislature amended the statute to require a mandatory period of extended supervised release, West Virginia Code 62-12-2631. In 2015, the circuit court modified petitioner’s probationary period to five years followed by 20 years of “intensive supervision as a sex offender.” The Supreme Court of Appeals reversed the extension of his sentence, citing the ex post facto clause found in both the West Virginia and United States Constitutions.