State v. Galligo, 551 N.W.2d 303 (S.D. 1996)

Cases | State v. Galligo, 551 N.W.2d 303 (S.D. 1996) | 2018

The defendant pled guilty to one count of simple assault and was ordered to pay restitution to reimburse the Indian Health Service for its payment of ambulance and hospital bills incurred by victims of the assault. On appeal, the defendant claimed that the trial court erred in giving retroactive effect to a statutory amendment making the Indian Health Service eligible to receive restitution. The court held that the trial court erred in applying the amendment retroactively and that application of the amendment violated the ex post facto clause of the U.S. Constitution. The amendment was substantive rather than procedural inasmuch as it made more burdensome the punishment for defendant’s crimes after their commission.