year-and-a-day-rule in United States v. Jackson. In 2001, the Supreme Court of the United States held that a Tennessee court's retroactive abolition of the rule was constitutional in Rogers v. Tennessee, since the ex post facto clause only prohibits an ex post facto law from being passed, but does not prohibit a judicial organ from revising the common law in an ex post facto manner. The rule's common law status has been successfully used by defendants to overturn convictions as recently as 2003: the Supreme Court of Wisconsin upheld the year and a day rule in the case before it, but simultaneously abolished the rule for any later cases, noting the modern circumstances of homicide cases, in which there is "the specter of a family's being forced to choose between terminating the use of a life-support system and allowing an accused to escape a murder charge" and the court's finding that it is "unjust to permit an assailant to escape punishment because of a convergence of modern medical advances and an archaic rule from the thirteenth century". In California, the "year and a day" rule has been changed to a "three years and a day" rule. If a death occurs more than three years and one day after the act alleged to have caused it (and the act was committed on or after 1 January 1997), there is "a rebuttable presumption that the killing was not criminal", but the prosecution may seek to overcome this presumption. However, if the murder is committed by somebody who is serving a term of life imprisonment and is sentenced to state prison the year and a day rule applies instead. In 2014, the D.C. rule (as it existed in 1981) was one of the reasons given for why John Hinckley, the attempted assassin of President Ronald Reagan, could not be prosecuted for the murder of James S. Brady. The medical examiner listed the cause of death for Brady as bullets fired 33 years earlier. Hong Kong The rule was abolished in 2000 by section 33C of the Offences against the Person Ordinance (Cap. 212). Where the rule is not applied to homicide Jurisdictions where the rule has never applied The following countries are listed in the Report on the Year and a Day Rule in Homicide with the observation that "the rule has never applied": Austria France Germany Greece Italy Poland Scotland The report