×
You've used up your 3 free articles for this month. Subscribe today.
Florida Gain Time Law Application Violates Ex Post Facto Clause
Loaded on Oct. 15, 2009
published in Prison Legal News
October, 2009, page 47
Florida’s First District Court of Appeal has held that application of a 1983 gain time statute to a prisoner who committed his offense in 1981 violated the ex post facto clause. Before the appellate court was a petition for writ of certiorari filed by Florida state prisoner Reginald Burks.After …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Texas Prisoners Still Dying in Houston Jails, Among Other Problems, by Gary Hunter
- From the Editor, by Paul Wright
- Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations
- Megan’s Law Preempts Local New Jersey Sex Offender Ordinances
- “Habeas Hints”, by Kent A. Russell
- Perpetrators and Enablers of Torture in the US, by Corey Weinstein
- Maine Prison in Turmoil, by Lance Tapley
- Obama Promises Guantanamo Will Close and Torture Will End ... but When?, by Matthew Clarke
- Human Rights Watch Report Calls to Reform PLRA, by David Reutter
- Florida Prison Guards Fired, Suspended for Shocking Children with Stun Guns, by David Reutter
- Problems at Washington’s Civil Commitment Center Continue, by Matthew Clarke
- Southern California Jails Addicted to ICE Money, by Matthew Clarke
- CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed, by Matthew Clarke
- California Sheriffs Appropriate Rehabilitation Funds for Security Needs, by Michael Brodheim
- Sacramento County Jail Settles Excessive Force Suit For $260,000
- Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food, by Brandon Sample
- PLN Files Public Records Suit Against San Francisco County, Sheriff’s Office
- Columbia Jail Journal: The Compelling, Exclusive Inside Story of the Columbia Three, by James Monaghan, Brandon Press, 277 pages, by David Preston
- Florida DOC and Keefe Gouge Prisoners on Commissary Sales, by David Reutter
- $1.8 Million Settlement in Beating of Florida Jail Prisoner
- Pennsylvania Jail Mired in Scandal ... Again
- Montana, Michigan Towns Vie to Fill Prisons with Guantanamo Detainees
- $4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence
- Michigan Changes Overtime Rules; $4 Million Savings on Prison Budget
- Glomar Response to Prisoner’s FOIA Request Insufficient
- Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate, by Matthew Clarke
- PLN Prevails in Motion to Unseal Settlement in CCA Class Action FLSA Case
- $6 Million Settlement in Beating Death of California Detainee
- $500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner, by Matthew Clarke
- Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner
- Ohio County Jail Agrees to Pay $75,000 For Locking Up Poor
- Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules
- Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks
- Maryland Prisoners Make Flags
- Mississippi Prisoners Make Collect Call for Jesus
- Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion
- Aramark Discontinues, Loses Prison Food Service Contracts, by David Reutter
- Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated, by Matthew Clarke
- Mentally Ill NC Prisoners Injured in Separate Incidents, by Gary Hunter
- $145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim, by David Reutter
- Missouri DOC Permits Gift Books in Response to PLN Demand Letter
- Hawaii to Remove Prisoners from CCA Facility Over Abuse Charges, by Ian Urbina
- Military Psychologist Implicated in Abusive Interrogations, by David Reutter
- Indigent Connecticut Prisoners Entitled to Copies of Records Under FOIA Without Charge
- Duration of Confinement in Segregation Affects Due Process Inquiry
- Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction, by Matthew Clarke
- California: City Liable for $237,000 Hospital Bill for Prisoner’s Medical Care
- Oakland, CA Police Policy of In-Field Public Strip Searches Without Arrest or Warrant Found Unconstitutional
- Florida: For Sentence Calculation Purposes, Civil Commitment Detention Same as Jail Confinement
- District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement
- Florida Gain Time Law Application Violates Ex Post Facto Clause
- Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process, by Brandon Sample
- Ohio Jail Officials Face Federal Charges, Investigation, by Brandon Sample
- BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b), by Brandon Sample
- News in Brief:
- Oregon Illegal Detention Suit Settled for $30,000
- Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded
More from these topics:
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026. Good Time, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits.
- CDCR May No Longer Use Sentence Credits to Advance Parole Eligibility of Some California Prisoners Serving Indeterminate Sentences, Dec. 1, 2025. Good Time, Constitution, state, Sentence, Credits, Reduction of Prison Population.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
- Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
- California Approves Higher Wage for Prisoner Firefighters (But Still Underpays), Nov. 1, 2025. Work Release, Prison Labor, Injury -- Misc., Rehabilitation/Recidivism, Good Time.
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025. Good Time, Federal Extradition Act, Credits.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025. Good Time, Credits, Concurrent and Consecutive Sentences.

