Supreme Court of the United States

Stogner v. California — Kennedy, J., dissenting

June 26, 2003539 U.S. 607

Summary

Kennedy dissents, arguing the California statute reviving expired limitations periods for child sexual abuse does not violate the Ex Post Facto Clause. He contends that reviving prosecution does not alter the criminal quality of the offense or make it greater than at commission, falling outside Calder v. Bull categories. He criticizes majority precedent for relying on flawed reasoning and disregards victims' interests.