Tapia v. Superior Court
Supreme Court of California, In Bank
807 P.2d 434 (1991)
Relevant factsFree
Tapia (defendant) was indicted for murder before a new voter initiative's voir dire provision -- letting the court rather than attorneys question jurors -- took effect, but his trial had not yet occurred by the effective date; the superior court ruled it would apply the new voir dire procedure, and Tapia petitioned for a writ of mandate arguing this retrospectively deprived him of a right existing when he committed the offense.
IssueFree
Whether a law governing the conduct of trials is prospective for purposes of the Ex Post Facto Clause when it is applied to a trial occurring after the law's effective date, regardless of when the underlying crime was committed.