TBA Law Blog

Posted by: Stacey Shrader Joslin on Dec 30, 2016

The Tennessee Supreme Court ruled today that the state constitution’s prohibition against ex post facto laws provides no greater protection than that provided by the U.S. Constitution. The ruling came in a case testing whether application of the exclusionary rule to evidence seized prior to the law’s enactment violates constitutional bans on ex post facto laws. The court found that federal law prohibits retroactive application in four specific scenarios, none of which were involved in this case, and that nothing in the state constitution or history supports a conclusion that the state ex post facto clause is more expansive than its federal counterpart, overturning prior precedent.