Legal Opinion · Dissent

Commonwealth v. Bargeron

Massachusetts Supreme Judicial Court

Decided June 14, 1988Published

1DissentLiacos, J.

(dissenting, with whom Hennessey, C.J., and Wilkins, J., join). For the first time in the history of this Commonwealth, the court today gives retroactive effect to a criminal statute of limitations. The court does this, contrary to the intent of the Legislature; in so doing, the court aligns us with a small group of our sister States who have addressed the issue.

“As a general rule, statutes operate prospectively unless a contrary legislative intent is clearly shown. Yates v. General Motors Acceptance Corp., 356 Mass. 529, 531 (1969). Welch v. Mayor of Taunton, 343 Mass. 485, 487 (1962).”…

2Cases cited15 opinions

  1. Toussie v. United StatesSupreme Court of the United States · 1970
  2. United States v. SchartonSupreme Court of the United States · 1932
  3. United States v. HabigSupreme Court of the United States · 1968
  4. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  5. Reino v. StateSupreme Court of Florida · 1977

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