Read In re DNA Ex Post Facto Issues, 08-6169

In an Ex Post Facto clause challenge to South Carolina's DNA sampling requirement, summary judgment for Defendants is affirmed in part, where the requirement was non-punitive, but reversed in part, where requiring the payment of a processing fee before Defendant could be paroled or released was unenforceable.

Appellate Information

• Decided 03/26/2009
• Published 03/26/2009

Judges

• Before TRAXLER, DUNCAN, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Justin Kahn, Kahn Law Firm, Charleston, South Carolina, for Appellant.  Andrew Lindemann, Davidson & Lindemann, Columbia, South Carolina, for Appellees.