"Retroactivity": What Can We Learn from the Odd Case of Michael Skakel?

Lewis Kurlantzick, University of Connecticut School of Law

Abstract

... One of these decisions involved the question of whether Skakel could take an immediate appeal from the order transferring his case from a juvenile to an adult venue. ... Acceptance of the conclusion that application of the 1986 statute is the correct choice in our hypothetical would not necessarily be inconsistent with the statute of limitations decision in State v. Skakel,where the superior court applied the statute of limitations in existence at the time of the offense rather than the statute of limitations in place at the time of trial, nor would it be in conflict with the decision in In re Daniel H.,where the court concluded that the post-1994 rule about lack of immediate appeal, in place at the time of the hearing and transfer order, was not to be applied to juvenile defendants whose alleged offense occurred prior to 1994, but rather the appeal rule in existence at the time of the offense was to be applied. ...