Stogner v. California, 539 U.S. 607, 2 (2003)

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and others, passing instead a law extending unexpired limitations periods. Roughly contemporaneous State Supreme Courts echoed the view that laws reviving time-barred prosecutions are ex post facto. Even courts that have upheld extensions of unexpired statutes of limitations have consistently distinguished situations where the periods have expired, often using language that suggests a presumption that reviving time-barred criminal cases is not allowed. This Court has not previously spoken decisively on this matter. Neither its recognition that the Fifth Amendment's privilege against self-incrimination does not apply after the relevant limitations period has expired, Brown v. Walker, 161 U. S. 591, 597-598, nor its holding that a Civil War statute retroactively tolling limitations periods during the war was valid as an exercise of Congress' war powers, Stewart v. Kahn, 11 Wall. 493, 503- 504, dictates the outcome here. Instead, that outcome is determined by the nature of the harms that the law creates, the fact that the law falls within Justice Chase's second category, and a long line of authority. Pp. 610-633.

93 Cal. App. 4th 1229, 114 Cal. Rptr. 2d 37, reversed.

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, post, p. 633.

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.*

*Briefs of amici curiae were filed for the American Psychological Association et al. by Kathleen A. Behan, Christopher D. Man, and Nathalie F. P. Gilfoyle; and for the National Association of Criminal Defense Law-

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