Legal Opinion

State v. Lambrechts

Supreme Court of Rhode Island

Decided January 28, 1991No. 89-386-C.APublishedCited by 17 opinions

1Opinion of the Court

OPINION

MURRAY, Justice.

This case comes before us on appeal by the defendant, Pierre Lambrechts, from his conviction on six counts of second-degree sexual assault. The defendant argues that the trial justice erred in denying his motion in arrest of judgment despite the defendant’s conviction on time-barred offenses. The underlying issue is whether a criminal defendant waives his or her statute-of-limitations defense by failing to raise it below. This is a case of first impression in Rhode Island, and we hold that the statute of limitations is an affirmative defense that must be raised at or…

2Cases cited24 opinions

  1. Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
  2. United States v. Charles T. Walsh and Bowe, Walsh & AssociatesCourt of Appeals for the Second Circuit · 1983
  3. People v. DiedrichCalifornia Supreme Court · 1982
  4. United States v. Paul LevineCourt of Appeals for the Third Circuit · 1981
  5. Kenneth E. Waters v. United StatesCourt of Appeals for the Tenth Circuit · 1964

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3Cited by17 opinions

  1. State v. YountCourt of Criminal Appeals of Texas · 1993
  2. Narragansett Electric Co. v. CarboneSupreme Court of Rhode Island · 2006
  3. State v. TimoteoHawaii Supreme Court · 1997
  4. Joseph McNulty v. Kristen ChipSupreme Court of Rhode Island · 2015
  5. Brown v. StateSupreme Court of Rhode Island · 2011

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