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Stogner v. California

United States Supreme Court

539 U.S. 607 (2003)

Relevant factsFree

California indicted Marion Stogner (defendant) in 1998 for sex-related child abuse committed between 1955 and 1973, when the relevant statute of limitations was three years -- meaning prosecution had long since become time-barred. In 1993, California enacted a new statute of limitations permitting revival of otherwise time-barred sex-abuse prosecutions, so long as prosecution began within a year of a victim's first complaint to police. Stogner moved to dismiss on Ex Post Facto Clause grounds; after the trial court dismissed and the state court of appeal reversed, Stogner's later motion to dismiss was again denied and affirmed on appeal, and the U.S. Supreme Court granted certiorari.

IssueFree

Whether a law enacted after expiration of a previously applicable limitations period violates the Ex Post Facto Clause of the U.S. Constitution when it is applied to revive a previously time-barred prosecution.

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