Can a defendant assert the statute of limitations at any time?
California, United States of America
The following excerpt is from People v. Everett, 66 Cal.App.4th 270, 77 Cal.Rptr.2d 788 (Cal. App. 1998):
Although appellant failed to raise the statute of limitations bar in the trial court, in his habeas petition, or in either his February 18, 1998, opening brief or April 30, 1998, reply brief, the courts "have repeatedly held that a defendant may assert the statute of limitations at any time." (Cowan v. Superior Court (1996) 14 Cal.4th 367, 371, 58 Cal.Rptr.2d 458, 926 P.2d 438.)
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