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where the party was not, by law, liable to any punishment." After (but not before) the original statute of limitations had expired, a party such as Stogner was not "liable to any punishment." California's new statute therefore "aggravated" Stogner's alleged crime, or made it "greater than it was, when
ention of the Er Post Facto clause. The Supreme Court's decision in California v. Stogner, 539 U.S. 607 (2003), perfectly illustrates the point. In Stogner, the defendant was charged in 1998 based on sex crimes that he allegedly committed between 1955 and 1973. While the original three-year statute of l
of § 2255 supplies the governing law. -9- EFTA00212901 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A
where the party was not, by law, liable to any punishment." After (but not before) the original statute of limitations had expired, a party such as Stogner was not "liable to any punishment." California's new statute therefore "aggravated" Stogner's alleged crime, or made it "greater than it was, when
ention of the Er Post Facto clause. The Supreme Court's decision in California v. Stogner, 539 U.S. 607 (2003), perfectly illustrates the point. In Stogner, the defendant was charged in 1998 based on sex crimes that he allegedly committed between 1955 and 1973. While the original three-year statute of l
of § 2255 supplies the governing law. -9- EFTA00212968 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A
where the party was not, by law, liable to any punishment." After (but not before) the original statute of limitations had expired, a party such as Stogner was not "liable to any punishment." California's new statute therefore "aggravated" Stogner's alleged crime, or made it "greater than it was, when
ention of the Er Post Facto clause. The Supreme Court's decision in California v. Stogner, 539 U.S. 607 (2003), perfectly illustrates the point. In Stogner, the defendant was charged in 1998 based on sex crimes that he allegedly committed between 1955 and 1973. While the original three-year statute of l
of § 2255 supplies the governing law. -9- EFTA00221371 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A
where the party was not, by law, liable to any punishment." After (but not before) the original statute of limitations had expired, a party such as Stogner was not "liable to any punishment." California's new statute therefore "aggravated" Stogner's alleged crime, or made it "greater than it was, when
ention of the Er Post Facto clause. The Supreme Court's decision in California v. Stogner, 539 U.S. 607 (2003), perfectly illustrates the point. In Stogner, the defendant was charged in 1998 based on sex crimes that he allegedly committed between 1955 and 1973. While the original three-year statute of l
of § 2255 supplies the governing law. -9- EFTA00221468 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A
where the party was not, by law, liable to any punishment." After (but not before) the original statute of limitations had expired, a party such as Stogner was not "liable to any punishment." California's new statute therefore "aggravated" Stogner's alleged crime, or made it "greater than it was, when
ention of the Er Post Facto clause. The Supreme Court's decision in California v. Stogner, 539 U.S. 607 (2003), perfectly illustrates the point. In Stogner, the defendant was charged in 1998 based on sex crimes that he allegedly committed between 1955 and 1973. While the original three-year statute of l
of § 2255 supplies the governing law. -9- EFTA00189757 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A
where the party was not, by law, liable to any punishment." After (but not before) the original statute of limitations had expired, a party such as Stogner was not "liable to any punishment." California's new statute therefore "aggravated" Stogner's alleged crime, or made it "greater than it was, when
Post Facto clause precludes the revival of claims predicated on past crimes. The precise concerns animating Stogner are present in this case. As in Stogner Defendant was "liable to punishment" under § 2255 before Plaintiff turned 18, but once she attained that age, he no was longer "liable to punishmen
-9- Case No. 08.80736-CV-MARRA P-011850 EFTA00192896 Case 9:09-cv-80591-KAM Document 29 Entered on FLSD Docket 05/26/2009 Page 10 of 36 2. The Ex Post Facto Clause Bars Application Of Masha's Law. Even if Congress did intend Masha's Law to apply retroactively, doing so would violate the Ex Post Facto clause. U.S. CONST. art. 1, § 9, cl. 3. A
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