Shepard v. Houston

Neb. Rev. Stat. 29-4106(2) provides for retroactive application of its requirement that inmates convicted of a felony sex offense or other specified offense submit a DNA sample before being discharged from confinement. The statute further provides that an inmate will forfeit his past and future good time credit if the inmate refuses to submit a DNA sample. George Shepard was an inmate who was sentenced before the passage of section 29-4106(2) and refused to submit a DNA sample. Facing the impending forfeiture of his good time credit, Shepard filed a complaint for declaratory judgment challenging the application of section 29-4106 as violative of the prohibition against ex post facto laws. The district court declared section 29-4106(2) unconstitutional under the Ex Post Facto Clauses of the federal and state Constitutions as applied to Shepard. The Supreme Court affirmed, holding that the district court did not err in determining that the retroactive application of section 29-4106(2) violates the constitutional prohibition against ex post facto laws. View "Shepard v. Houston" on Justia Law