Gerald Charles Souch v. Don Schaivo, Deputy Warden

OPINION

O’SCANNLAIN, Circuit Judge.

We must decide whether a state trial court violated the Ex Post Facto Clause by determining that the sentences on multiple counts of conviction would run consecutively, rather than concurrently, under a state statute not yet in effect when the underlying crimes were committed.

I

This case arises out of habeas petitioner Gerald Souch’s conviction in Arizona state court stemming from his activities of June 11, 1986. On that evening, clad in a frilly white dress and nylons, and wearing a white lacy bandana around his head, Souch broke into the house of Susan…