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News from the Director

July 17, 2003

[This is the third in a series of articles about Stogner cases; this one deals with Stogner cases in which the appeals are over. The first two articles deal with Stogner cases where appeals are still pending. To access the first two articles, please scroll to the end of this article and click on the links as shown.]

This is an update about Stogner cases (Stogner v. California (June 26, 2003) ___ U.S. ___ , 2003 DJDAR 6989, holding unconstitutional as ex post facto the application of Penal Code §803(g) extending the statute of limitations for sex crimes where the limitations period had already expired at the time §803(g) was enacted). To date, defendants have gotten relief in cases in which charges were pending in the trial court, and cases in which appeals were pending in the Court of Appeal.

We are now turning to "closed" Stogner cases (post-remittitur cases).

Some of you may have already identified some prior appeal in which the appellant was convicted of Stogner counts, and you may have begun to prepare a habeas petition or other pleading to bring such a case before either the Superior Court or the Court of Appeal. If so, please feel free to contact your FDAP buddy in the case, or staff attorney Jonathan Soglin (email: jsoglin@fdap.org), for any assistance you might need.

However, I do not know of any sure means by which you can get paid for such post-remittitur work, particularly in cases where final claims have been submitted. In order to avoid possible pro-bono work on your part in such cases, I'm writing to say that FDAP can act as a "middleman." Specifically, if you recall some appeal you handled in which you believe there are Stogner counts, you can write, call or email us, giving us the basic information about the case. We will gather the information and contact the Public Defender or trial counsel, and help provide them with sample habeas petitions or other pleadings if needed. Hopefully that's all it will take, and the Public Defender's office can take it from there.

Please take a few minutes to recall if you have any old cases in which the appellant was convicted of Stogner counts (the Stogner issue does not need to have been raised in the appeal, just that the appellant was charged and convicted of some counts under §803(g) for which the statute of limitations had already run). If you believe you have such a case, please let Jonathan Soglin know (or just reply to this email). You don't have to send us any pleadings or documents, just give us the case number, case name, trial court number, and any brief comment you have.

We'll continue to update you on Stogner matters.



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