Ieppert v. State

I write separately to reinforce the majority’s conclusion that the Ex Post Facto Clause is a fundamental systemic requirement that may not be waived by failure to object at trial and to address the dissents of Judges Mansfield and Keller.

I

A brief review of the facts is necessary. Appellant married the complainant’s mother in 1980. Starting in 1982 or 1983, when the complainant was seven or eight years old, appellant allegedly committed the instant offenses. The complainant first revealed these incidents to his mother in May of 1990.

In July of 1990, appellant was charged in multiple…