Robert Molko Publishes on Unintended Creation of Statute of Limitations for Murder

Professor Robert Molko’s article, “The Law of Unintended Consequences Strikes Again:  Does Murder Have a Statute of Limitations Now? The Sky Will Fall Unless the Supreme Court Changes Its Interpretation of the Right of Confrontation,” just published in the Drake Law Review, argues that The Supreme Court’s latest interpretation of the Sixth Amendment of the U.S. Constitution will lead to the creation of a statute of limitations tied to the life of the autopsy pathologist, because it will not be possible to prove the cause of death in murders once the pathologist dies, or is otherwise legally unavailable. 63 Drake L. Rev. 527 (2015).  The article further argues that the Court will have to significantly change its interpretation in order to avoid this unintended consequence that would be contrary to the long-held common law doctrine that no statute of limitations exists for murder.

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