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  #1  
Old 07-23-2024, 08:16 PM
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Peter_Spaeth Peter_Spaeth is offline
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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.
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.
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Last edited by Peter_Spaeth; 07-23-2024 at 08:17 PM.
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  #2  
Old 07-23-2024, 08:37 PM
Carter08 Carter08 is offline
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Originally Posted by Peter_Spaeth View Post
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.
And how is Roe v Wade doing these days, professor?
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  #3  
Old 07-23-2024, 08:43 PM
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And how is Roe v Wade doing these days, professor?
I'm not engaging with you on this. The Spahn thread where five times you put words in my mouth critical of Spahn was painful enough. I have no doubt, though, that many criminals whose offenses are nearing or past the statute of limitations are very worried. Just admit you had no idea what the law actually was and move on.
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Last edited by Peter_Spaeth; 07-23-2024 at 08:43 PM.
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Old 07-23-2024, 08:52 PM
Carter08 Carter08 is offline
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Originally Posted by Peter_Spaeth View Post
I'm not engaging with you on this. The Spahn thread where five times you put words in my mouth critical of Spahn was painful enough. I have no doubt, though, that many criminals whose offenses are nearing or past the statute of limitations are very worried. Just admit you had no idea what the law actually was and move on.
To paraphrase you, what did I say that was wrong?
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  #5  
Old 07-23-2024, 08:55 PM
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To paraphrase you, what did I say that was wrong?
Your Roe v. Wade comment implied there was some significant possibility the case forbidding retroactive application of changes to the statute of limitations would be overturned, and therefore your original thought about criminals not being able to rely on an SOL was valid.
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Last edited by Peter_Spaeth; 07-23-2024 at 08:55 PM.
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  #6  
Old 07-23-2024, 08:45 PM
G1911 G1911 is offline
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And how is Roe v Wade doing these days, professor?
The court overturning rulings based on things that are not actually in the Constitution at all has nothing to do with a claim the court is or will overturn things that are in the Constitution, which this court has not been doing. Ex post facto is Article 1, Section 9, clause 3.
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Old 07-23-2024, 08:49 PM
Carter08 Carter08 is offline
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The court overturning rulings based on things that are not actually in the Constitution at all has nothing to do with a claim the court is or will overturn things that are in the Constitution, which this court has not been doing. Ex post facto is Article 1, Section 9, clause 3.
I am currently litigating several cases where SOLs have been removed or their dates have been expanded. Sorry.
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  #8  
Old 07-23-2024, 08:51 PM
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I am currently litigating several cases where SOLs have been removed or their dates have been expanded. Sorry.
Prospectively though, no?
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Old 07-23-2024, 08:56 PM
Carter08 Carter08 is offline
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Prospectively though, no?
100 percent not prospectively. It’s in the civil context is the wiggle room for you but I don’t see it as a stretch that the same could happen in the criminal context. That’s why I said I would not feel supremely comfortable if the SOL is the only thing I think gives an escape.
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Old 07-23-2024, 08:58 PM
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100 percent not prospectively. It’s in the civil context is the wiggle room for you but I don’t see it as a stretch that the same could happen in the criminal context. That’s why I said I would not feel supremely comfortable if the SOL is the only thing I think gives an escape.
Civil is completely different as you know. How many Supreme Court cases have EVER been reversed by the Supreme Court, anyhow? Jupiter could collide with Mars too, I can't rule that out either.
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The flip is the commoodity.
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Last edited by Peter_Spaeth; 07-23-2024 at 09:01 PM.
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  #11  
Old 07-23-2024, 08:55 PM
G1911 G1911 is offline
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I am currently litigating several cases where SOLs have been removed or their dates have been expanded. Sorry.
It's hard to follow your claim on a logical level. Your original claim seemed to be that the Court overturning Roe because that issue is not in the Constitution signals that the Court may overturn things that are actually in the Cosntitution. Now it is that the ex post facto prohibition of the Constitution has been overturned because you have several active cases about it right now? I'd love to see the case where the Supreme Court overturned Article 1 Section 9 Clause 3! That would be news to quite a number of people. If you just didn't know about it, you are welcome to use it for your clients.
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Old 07-23-2024, 08:55 PM
Republicaninmass Republicaninmass is offline
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And how is Roe v Wade doing these days, professor?

Polical.commentary?

Shame shame
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Old 07-23-2024, 09:02 PM
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Polical.commentary?

Shame shame
No. Commentary that what is once thought of as settled law can change very quickly. Try to keep up.
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