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On appeal by the state, the Court of Appeals reasoned that Section 15-1 creates a two-year statute of limitations for certain misdemeanors because it provides, in part, that "all misdemeanors except malicious misdemeanors, shall be presented or found by the grand jury within two years after the commission of the same." It held that the state had two years to either prosecute the case or issue a warrant, indictment, or presentment that would toll the statute of limitations, and it failed to do so.
Reis claimed that because ATCO allegedly used a legitimate username and password issued to a different company, Ernst & Young, that Reis did not suspect fraudulent conduct until a later date, which fell under the statute of limitations.
In this order, the court acknowledged the "split of authority" in the Appellate Division with respect to this statute of limitations question, and deemed controlling the Second Department case law applying a six-year statute of limitations in cases such as this one on the ground that "no-fault matters...
(9) Moreover, subsection (2) provides that "'no disability or other reason shall toll the running of any statute of limitations' except as expressly authorized by this statute." (10) As such, if no specific statutory authorization has been legislatively provided, Florida courts may not by judicial fiat toll the legislatively mandated statutes of limitations.
TEI maintains unless a taxpayer has signed an agreement extending/modifying the jurisdiction's statute of limitation, the jurisdiction's assessment should be limited to the impact of the federal changes on the taxpayer's tax liability.
Mitch Greenlick, D-Portland, has said he's puzzled about how to determine the correct statute of limitations, saying, "It turns out, there isn't any way to decide in any systematic way how you balance the crime with the statute of limitations." Sen.
Anderson's lawyers said in court filings that the Texas State Bar's claims that the former district attorney violated state ethics rules in the 1987 prosecution of Michael Morton are barred by the statute of limitations.
In Turkey, the statute of limitations is 30 years for crimes necessitating an aggravated life sentence, 25 years for crimes calling for a life sentence, 20 years for crimes requiring a 20-year prison sentence, 15 years for crimes warranting a sentence of up to 15 years and five years for crimes entailing eight years.
Opposition politician Antonio di Pietro said: "Once again, the statute of limitations has saved Berlusconi from his responsibility."
The applicable statute of limitations for an appraisal-related claim varies depending on the type of claim (negligence, fraud or breach of contract), where the claim is filed and, in a few cases, who is making the claim.
Filing the FTB return will start the statute of limitations, as it would be considered as filing a use tax return.