Commonwealth v. Baker (Ky. 2009)

Commonwealth v. Baker, 295 S.W.3d 437 (Ky. 2009)

Nature of Case: Appellee was charged with violating Kentucky’s residence restrictions and filed constitutional challenge in trial court alleging that the residence restrictions were violative of ex post facto constitutional provisions. Trial court motion to dismiss was granted, and state appealed.

Holding: Kentucky Supreme Court held that, despite the General Assembly having intended the law to be civil in nature, it was so punitive in effect as to negate the civil intent. Therefore, to apply it to persons who had committed their crimes before its enactment would constitute a violation of ex post facto principles on both state and federal constitutional grounds.