Stogner v. California
Encyclopedia
Stogner v. California, is a decision by the Supreme Court of the United States
, which held that California
's retroactive extension of the statute of limitations
for sexual offenses committed against minor
s was an unconstitutional ex post facto law
.
enacted a specific statute of limitations
[ PC Section 803(g) (3)(A) ] for child sexual abuse
crimes, allowing charges to be filed within one year of the time that the crime was reported to the police. This statute allows, when the prior limitations period has expired, criminal prosecution on child molesting charges many years after its occurrence. In 1998, petitioner Marion Stogner was indicted for molesting for acts committed between 1955 and 1973, under California's specific statute of limitations. This occurred after Stogner's two sons were both charged with molestation. During the State's investigation of one of the sons, Stogner's daughters reported that their father sexually abused them for years when they were under the age of 14. The grand jury found probable cause to charge Stogner with molestation of his two daughters.
Stogner claims that this statute violates the ex post facto law and due process clauses by retroactively invoking laws that were not in place at the time of the alleged offenses. At the time the crimes were allegedly committed, the statute of limitations was three years. The victims, his two daughters, said they had not reported sooner because they were in fear of their father. The applicable California law had been revised in 1996, extending the statute of limitations retroactively.
. The trial court agreed with Stogner, but the ruling was reversed by the California Court of Appeal
. The trial court denied Stogner's subsequent motion for dismissal under the same grounds. Stogner appealed on writ
of certiorari
to the Court of Appeal of California, first appellate district; the Court of Appeal affirmed.
Stogner appealed to the U.S. Supreme Court.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which held that California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
's retroactive extension of the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
for sexual offenses committed against minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
s was an unconstitutional ex post facto law
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
.
Circumstances
In 1994, the California State LegislatureCalifornia State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
enacted a specific statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
[ PC Section 803(g) (3)(A) ] for child sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
crimes, allowing charges to be filed within one year of the time that the crime was reported to the police. This statute allows, when the prior limitations period has expired, criminal prosecution on child molesting charges many years after its occurrence. In 1998, petitioner Marion Stogner was indicted for molesting for acts committed between 1955 and 1973, under California's specific statute of limitations. This occurred after Stogner's two sons were both charged with molestation. During the State's investigation of one of the sons, Stogner's daughters reported that their father sexually abused them for years when they were under the age of 14. The grand jury found probable cause to charge Stogner with molestation of his two daughters.
Stogner claims that this statute violates the ex post facto law and due process clauses by retroactively invoking laws that were not in place at the time of the alleged offenses. At the time the crimes were allegedly committed, the statute of limitations was three years. The victims, his two daughters, said they had not reported sooner because they were in fear of their father. The applicable California law had been revised in 1996, extending the statute of limitations retroactively.
Appeals
The retroactive implementation of the laws was the focus of Stogner's appeal, claiming that the law violated his rights under the ex post facto clause of the U.S. Constitution, as well as his rights to due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
. The trial court agreed with Stogner, but the ruling was reversed by the California Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
. The trial court denied Stogner's subsequent motion for dismissal under the same grounds. Stogner appealed on writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to the Court of Appeal of California, first appellate district; the Court of Appeal affirmed.
Stogner appealed to the U.S. Supreme Court.