State v. Thill’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “California’s rule against retroactivity, like North Dakota’s, was derived from the Field Code of Civil Procedure. Cal.Civil Code § 3 (West 1982) (originally enacted 1872). California applies any extension of a statute of limitations immediately, rejecting arguments that it is an “ex post facto” law, as well. A law which increases a limitations period or provides a new method of tolling it may be applied immediately to all crimes as to which the period has not yet run under the prior law.... As Judge Learned Hand so aptly put it “Certainly it is one thing to revive a prosecution already dead, and another to give it a longer lease of life. The question turns upon how much violence is done to our instinctive feelings of justice and fair play. For the state to assure a man that he had become safe from its pursuit, and thereafter to withdraw its assurance, seems to most of us unfair and dishonest. But, while the chase is on, it does not shock us to have it extended beyond the time first set, or, if it does, the stake forgives it.” (Falter v. United States (2nd Cir.1928) 23 F.2d 420, 425-426 .) We conclude the ex post facto clause does not apply because the statute of limitations on defendant’s crime had not expired before the action against him was commenced. People v. Lewis, 180 Cal.App.3d 816 , 225 Cal.Rptr. 782, 785 (4 Dist.1986) (citations omitted). Similarly, see Commonwealth v. Bargeron, 402 Mass. 589 , 524 N.E.2d 829 (1988); People v. Russo, 185 Mich.App. 422 , 463 N.W.2d 1”

   1 later decision quote this exact passage
   e.g. State v. Davenport

2. “[Before 1985] the applicable statute of limitations barred prosecution of felonies generally after three years. NDCC 29-04-02. In 1985, the legislature enacted NDCC 29-04-03.1 that established a seven-year limitation for sexual offenses against a minor victim in a “familial relationship” with the offender. 1985 N.D. Laws ch. 359, § 1. In 1987, the legislature amended NDCC 29-04-03.1 by removing the requirement of a “familial relationship” and by establishing a seven-year limitation for sexual offenses against any victim under the age of eighteen. 1987 N.D. Laws ch. 390, § 3. The 1987 legislature also enacted NDCC 29-04-03.2 directing that, if the victim of the sexual offense was under age fifteen, the limitation period does not begin until the victim reaches the age of fifteen. 1987 N.D. Laws ch. 391, § 1. Finally, the 1993 legislature again amended NDCC 29-04-03.1, in 1993 N.D. Laws ch. 331, § 1, to direct that prosecution for sexual offenses against victims under the age of eighteen must be commenced within seven years after the offense, “or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities.””

   1 later decision quote this exact passage
   e.g. State v. Buchholz