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STOGNER v. CALIFORNIA

No. 01-1757.

539 U.S. 607 (2003)

STOGNER v. CALIFORNIA

Supreme Court of United States.

Decided June 26, 2003.

Attorney(s) appearing for the Case

Roberto Nájera argued the cause for petitioner. With him on the briefs was Elisa Stewart.

Janet Gaard, Special Assistant Attorney General of California, argued the cause for respondent. With her on the brief were Bill Lockyer, Attorney General, Manuel M. Medeiros, Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, W. Scott Thorpe, Special Assistant Attorney General, and Kelly E. Lebel, Deputy Attorney General.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, and John F. De Pue.*

BREYER, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, SOUTER, and GINSBURG, JJ., joined. KENNEDY, J., filed a dissenting opinion, in which REHNQUIST, C. J., and SCALIA and THOMAS, JJ., joined, p. 633.

JUSTICE BREYER delivered the opinion of the Court.

California has brought a criminal prosecution after expiration of the time periods set forth in previously applicable statutes of limitations. California has done so under the authority of a new law that (1) permits resurrection of otherwise time-barred criminal prosecutions, and (2) was itself enacted after pre-existing limitations periods had expired. We conclude...

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