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12. Statute of limitations

State v. Rodney A. Larson, 2011 WI App 106 (recommended for publication); for Larson: Chris Gramstrup; case activity Prosecution for attempt rather than completed crime, §939.32, comes within the general limitation period in § 939.74(1). Therefore, although prosecution for homicide may be commenced at any time, § 939.74(2)(a), Larson’s prosecution for attempted first-degree intentional homicide had to be… Read More

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OWI – Statute of Limitations

State v. Bradley A. Faber, 2010AP2325-CR , District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Faber: Susan E. Alesia, SPD, Madison Appellate; case activity ¶1        The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber.  Faber was issued a pair of… Read More

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Donald J. McGuire, 2010 WI 91, affirming unpublished decision; for McGuire: Robert R. Henak; BiC; Resp.; Reply Statute of Limitations – § 939.74(3) – Constitutionality Under § 939.74(3), the statute of limitations is tolled during “the time during which the actor was not publicly a resident within this state.” McGuire wasn’t a Wisconsin resident, but… Read More

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State v. Bruce Duncan MacArthur, 2008 WI 72, on Certification For MacArthur: Alex Flynn Amicus: Robert R. Henak Issue/Holding: ¶50      Our approach to tolling is guided by United States v. Florez, a Second Circuit Court of Appeals opinion that articulated the requisite burden of proof and standard of review for the federal tolling provision. Florez, 447 F.3d at… Read More

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State v. Bruce Duncan MacArthur, 2008 WI 72, on Certification For MacArthur: Alex Flynn Amicus: Robert R. Henak Issue/Holding: Alleged violations, between 1965 and 1972, of since-repealed ch. 944 sexual assault statutes come within the statute of limitations provision extant during that time frame. There is, of course, a whole lot more to it than that, at… Read More

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State v. Robert C. Deilke, 2004 WI 104, reversing 2003 WI App 151, 266 Wis. 2d 274, 667 N.W.2d 867 For Deilke: Kelly J. McKnight Issue/Holding: ¶28 The primary purpose of the statute of limitations is to protect the accused from criminal consequences for remote past actions. State v. Jennings, 2003 WI 10, ¶15, 259 Wis. 2d 523… Read More

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State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89 For Hamilton: Robert A. Ramsdell Issue/Holding: ¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action to collect… Read More

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State v. Kevin D. Jennings, 2003 WI 10, reversing 2002 WI App 16, 250 Wis. 2d 138, 640 N.W.2d 165 For Jennings: Steven M. Compton Issue/Holding: ¶1 … At issue is whether a criminal complaint that is filed against a defendant, who is already incarcerated, is sufficient to commence a prosecution. Based on the legislative history of… Read More

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