Marion Reynolds Stogner v. California (539 U.S. 607)
U.S. Supreme Court · decided June 26, 2003 · Supreme Court Database (Spaeth)
- Citation
- 539 U.S. 607 · 123 S. Ct. 2446
- Decided
- June 26, 2003
- Term
- October Term 2002
- Vote
- 5–4
- Majority author
- Justice Breyer
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Justice Breyer delivered the opinion of the Court. California has brought a criminal prosecution after expiration of the time periods set forth in previously applicable statutes of limitations. California has done so under the authority of a new law that (1) permits resurrection of otherwise time-barred criminal prosecutions, and (2) was itself enacted after pre-existing limitations periods had expired. We conclude that the Constitution’s Ex Post Facto Clause, Art. I, §10, cl. 1, bars application of this new law to the present case. I In 1993, California enacted a new criminal statute of limitations governing sex-related child abuse crimes. The new statute permits prosecution for those crimes where “[t]he limitation period specified in [prior statutes of limitations] has expired” — provided that (1) a victim has reported an allegation of abuse to the police, (2) “there is independent evidence that clearly and convincingly corroborates the victim’s allegation,” and (3) the prosecution is begun within one year of the victim’s report. 1993 Cal. Stats, ch. 390, § 1 (codified as amended at Cal. Penal Code Ann. § 803(g) (West Supp. 2003)). A related provision, added to the statute in 1996, makes clear that a prosecution satisfying these three conditions “shall revive any cause of action barred by [prior statutes of limitations].” 1996 Cal. Stats, ch. 130, § 1 (codified at Cal.…
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