Steven Louis Ieppert, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals held that an ex post facto claim is a fundamental systemic requirement that cannot be forfeited by failure to raise it at trial, and therefore reversed the lower court’s dismissal of the claim and remanded for further review. The majority reasoned that the constitutional prohibition against ex post facto laws is not a waivable right and applied the Marin categorization of rights. Separate dissenting opinions argued that the claim should be forfeited or that the ex post facto clause was not implicated. The concurring opinion reinforced the majority’s view of the ex post facto clause as a non‑waivable systemic requirement.