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.
- Decided 03/26/2009
- Published 03/26/2009
Before TRAXLER, DUNCAN, and AGEE, Circuit Judges.
United States Fourth Circuit
ARGUED: Justin Kahn, Kahn Law Firm, Charleston, South Carolina, for Appellant. Andrew Lindemann, Davidson & Lindemann, Columbia, South Carolina, for Appellees.