Stogner v. California
March 31, 2003 (01-1757)
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Case Summary
In 1998, Petitioner was charged with sexually abusing his two
children more than 40 years before. There was, at that time, a
three-year statute of limitations. The state argued, however,
that a recently enacted law, Section 803 of the California penal
code, extended the limitations period for certain sexual offenses
committed against minors so long as the prosecution filed suit
within one year of a victim's report to authorities. The state
trial court found that Section 803 constituted an
unconstitutional ex post facto law and did not apply to actions
committed before it was enacted in 1994. The state appellate
court reversed and held the law constitutional. The opinion of
the California Court of Appeals is found at 93 Cal.App.4th 1229.
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To see the opinion of the lower court, click here.
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PREDICTED OUTCOME
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ACTUAL OUTCOME
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Forecasting Model
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Expert One
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Expert Two
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Expert Three
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6-3 to Reverse |
5-4 to Affirm |
9-0 to Reverse |
5-4 to Reverse |
5-4 to Reverse |
VOTING TO REVERSE
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Stevens O'Connor Scalia Souter Ginsburg Breyer |
Stevens Souter Ginsburg Breyer |
Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer |
Stevens Scalia Souter Thomas Breyer |
Stevens O'Connor Souter Ginsburg Breyer |
VOTING TO AFFIRM
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Rehnquist Kennedy Thomas |
Rehnquist O'Connor Scalia Kennedy Thomas |
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Rehnquist O'Connor Kennedy Ginsburg |
Rehnquist Scalia Kennedy Thomas |
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