Carroll F. Youngblood v. James A. Lynaugh, Director, Texas Department of Corrections

GARZA, Circuit Judge:

This case presents a novel question in the Fifth Circuit under the Ex Post Facto clause of the United States Constitution. We are convinced that article 37.10(b) of the Tex.Code Crim.Proc., as applied to petitioner Youngblood under the circumstances of this case, violates the Ex Post Facto clause. We therefore REVERSE the district court’s decision denying appellant’s writ of habeas corpus and REMAND the case for a new trial.

BACKGROUND

On March 17, 1982, appellant Carroll Youngblood was convicted by a Texas jury of aggravated sexual abuse. He was sentenced to life…