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JOHNSON v. STATE

472 A.2d 1311 (1983)

Wayne C. JOHNSON, Defendant-Appellant, v. STATE of Delaware, Plaintiff-Appellee. Edward R. SCOTT, Defendant-Appellant, v. STATE of Delaware, Plaintiff-Appellee. Alexander McCANTS-BEY, Defendant-Appellant, v. STATE of Delaware, Plaintiff-Appellee. Chester L. WOULARD, Defendant-Appellant, v. STATE of Delaware, Plaintiff-Appellee.

Supreme Court of Delaware.

Decided: November 17, 1983.

Submitted on Motion to Dismiss Certain Appeals: December 2, 1983.

Submitted on Cross Motions for Reargument: December 16, 1983.

Revised on Motion to Dismiss and for Reargument: January 17, 1984.

Attorney(s) appearing for the Case

Edmund M. Hillis, Asst. Public Defender, Wilmington, for defendants-appellants Johnson and Scott.

Arlen Mekler, Wilmington, for defendant-appellant McCants-Bey.

Chester L. Woulard, pro se.

John A. Parkins, Jr., Deputy Atty. Gen., Wilmington, for plaintiff-appellee.

Before HERRMANN, C.J., McNEILLY, HORSEY and MOORE, JJ., and HARTNETT, Vice Chancellor, constituting the Court en Banc.

HORSEY, Justice:

We are asked to determine whether the Department of Correction's retroactive application of our decision in Richmond v. State, Del.Supr., 446 A.2d 1091 (1982) operates as an increase in punishment violating the Ex Post Facto Clause or the Fourteenth Amendment Due Process Clause of the Federal Constitution. We hold that in the interest of fundamental fairness...

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