Quote:
Originally Posted by Carter08
My thought has been that SOLs are legislatively created and, therefore, risk being legislatively changed. So it would be hard to be supremely comfortable doing anything untoward if you’re relying on a SOL as your only defense. That’s a little different than if you’re been tried and acquitted and then do something untoward because at that point you’d be relying on a constitutional defense of double jeopardy, not just a legislative invention of a SOL.
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Au contraire.
The U.S. Supreme Court opined in Stogner v. California in 2003 that a change of a statute of limitations cannot be retroactively applied to crimes which were committed prior to the law’s change. The Court held that retroactive application would violate the constitutional ban on ex post facto laws.