Tuesday, July 22, 2014

This thing was really bugging me so today I made inquiries. "I thought EXACTLY the same thing!" said one friend. "Statute of limitations? There's no statute of limitations on murder." I convinced that friend there was indeed at one time but not currently. Intrigued, he followed up with his own inquiries: Judge Pooler, Michael, Marie, and Peter hadn't all missed something, they were all very clear on the law here. Case law, I guess, has interpreted the 1996 change to be retroactive unless the s.o.l. under the old law had already run. So, for an unarmed, un-enhanced murder, such as Clifford Friend was convicted of, that happened in, say, 1988 when the s.o.l. was 4 years, commencement of prosecution in 1996 would mean that prosecution was d.o.a. But if, as in Friend's case, a 1994 murder, prosecution not commenced until this millennium, the old 4-year s.o.l. not expiring before the 1996 change, then the prosecution is grandfathered in under the new s.o.l. ? Yes, that is pretty convoluted. Yes, that is the law. As it was explained to me. So, an unqualified Poznan for Judge Pooler, Michael VonZamft, Marie Mato, and Peter Heller for understanding precisely that law.