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People State Michigan v. Salvatore Russo

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eBook details

  • Title: People State Michigan v. Salvatore Russo
  • Author : Supreme Court of Michigan
  • Release Date : January 02, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 85 KB

Description

We granted leave in this case to determine whether the amended statute of limitations set forth in MCL 767.24(2); MSA 28.964(2) applies to the prosecution of a charge of criminal sexual assault involving a minor where the alleged acts were committed prior to, yet were not time-barred on, the effective date of the amendment. The prosecution's cross appeal was granted to answer the question whether the warrant authorizing the search of the defendant's home was supported by an affidavit establishing probable cause if the amended statute governs prosecution. We find that the extended limitation period for criminal sexual conduct involving a minor was intended by the Legislature to apply to formal charges of offenses not time-barred on the effective date of the act filed after its effective date. 1 This application is not a violation of the Ex Post Facto Clauses of the United States and Michigan Constitutions. 2


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