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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Rogers v. Tennessee ： ウィキペディア英語版 Rogers v. Tennessee ''Rogers v. Tennessee'', , was a U.S. Supreme Court case holding that the Tennessee Supreme Court's abolition of the common-law year and a day rule could apply retroactively to crimes committed before the court abolished the rule under the Due Process Clause of the United States Constitution. Accordingly, the defendant's conviction for murder was sustained on appeal despite the fact that the victim died 15 months after the defendant struck the ultimately fatal blow. ==Facts== Rogers stabbed James Bowdery with a butcher knife on May 6, 1994. One of the stab wounds penetrated Bowdery's heart, and during surgery to repair the wound, Bowdery went into cardiac arrest. Bowdery survived, but due to cerebral hypoxia Bowdery slipped into a coma. Eventually Bowdery developed a kidney infection, from which he died on August 7, 1995, 15 months after the stabbing. The medical examiner ruled the cause of death as cerebral hypoxia "secondary to a stab wound to the heart." Rogers was convicted of second-degree murder under Tennessee's homicide statute, which does not include the year and a day rule. Rogers appealed to the Tennessee Court of Criminal Appeals, arguing that the year-and-a-day rule was part of the common law of Tennessee, despite its absence from the Tennessee homicide statute. The appellate court disagreed, noting that the state's Criminal Sentencing Reform Act had abolished all common-law defenses in criminal cases, including the year-and-a-day rule. Rogers appealed again to the Tennessee Supreme Court. The court held that the common-law year-and-a-day rule survived in Tennessee, but was outmoded. It therefore abolished the rule. Rogers had also argued that abolishing the rule after he had committed his crime would violate the Ex Post Facto Clause of Article I of the U.S. Constitution. The Tennessee Supreme Court disagreed, reasoning that although judicial decisions can be ''ex post facto'' laws, retroactive abolition in this case would not offend due process principles because the year-and-a-day rule was so outmoded that a reasonable person would not expect it to exist under modern law. The U.S. Supreme Court agreed to hear the case at Rogers's request. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rogers v. Tennessee」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.