Tipton v. Montana Thirteenth Judicial District Court

The Supreme Court reversed the order of the district court denying Defendant’s motion to dismiss the charge of sexual intercourse without consent of a minor under sixteen years old for the 1987 rape of an eight-year-old girl, holding that Mont. Code Ann. 45-1-205(9) violates the Ex Post Facto clause when applied, as here, to cases in which the statutory of limitations expired before subsection (9) came into effect.In denying Defendant’s motion to dismiss, the district court determined that section 43-1-205(9), which was passed after the statute of limitations for the charged crime had expired, revived the otherwise time-barred prosecution of Defendant. The Supreme Court reversed, holding (1) on its face, the statute is retrospective in its operation; and (2) Stogner v. California, 539 U.S. 607 (2003), compels the conclusion that the charges against Defendant must be dismissed. View "Tipton v. Montana Thirteenth Judicial District Court" on Justia Law