Frank A. v. Donnie Ames, No. 20-0024 (W. Va. 2021)
Nature of Case: Petitioner challenges the validity of his conviction of two counts of sexual abuse in the first degree and two counts of sexual abuse by a parent, guardian or custodian, raising fifteen assignments of error. As part of his appeal, petitioner argues that the trial court’s imposition of a period of supervised release as part of his sentence pursuant to West Virginia Code § 62-12-26 was in error.
Holding: The West Virginia Supreme Court of Appeals concluded that any retroactive application of the supervised release statute to an individual who committed any of the enumerated sex offenses prior to the effective date of the supervised release statute violates the constitutional prohibition against ex post facto laws set forth in article III, section 4 of the West Virginia Constitution and Article I, Section 10 of the United States Constitution.