Town of Waterford v. Christopher Pye, 2019AP737, 5/6/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects the municipality’s argument that the doctrine of equitable tolling applies to the two-year statute of limitation for bringing a forfeiture action. In June 2014 Pye was cited for first-offense OWI causing… Read more
12. Statute of limitations
State v. Traci L. Kollross, 2019 WI App 30; case activity (including briefs) The circuit court held that the filing of a municipal court citation against Kollross for OWI 1st tolled the three-year statute of limitation for a criminal charge based on the same incident. The court of appeals disagrees and orders the criminal OWI… Read more
State v. Jeffrey L. Elverman, 2015 WI App 91; case activity (including state’s brief) The court rejects all challenges to a conviction of theft of more than $10,000. The issues mostly spring from the state’s use of Wis. Stat. § 971.36(4), which permits, under certain circumstances, the aggregation of multiple thefts into a single count. Elverman was a lawyer… Read more
Questions presented: 1. Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions where those instructions, without objection, require the government to prove additional or more stringent elements than do the statute and indictment. 2. Whether a statute-of-limitations defense not… Read more
State v. Benjamin J. Strohman, 2014AP1265-CR, District 3, 2/3/15 (1-judge decision; ineligible for prosecution); case activity (including briefs) Rejecting the state’s arguments that the statute of limitation had been tolled, the court of appeals holds the state could not re-charge Strohman for an OWI offense that was improperly treated as a first offense because the time… Read more
State v. Kim B. Simmelink, 2014 WI App 102; case activity The court of appeals holds that § 939.74(2)(b)’s extended statute of limitation for certain theft charges runs from actual discovery of the theft, and not from when the theft should have been discovered with the exercise of reasonable diligence. In 2006 authorities began investigating whether Simmelink… Read more
State v. Rodney Washington, 2012AP1015-CR, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity Statute of limitations, § 939.74(1) — sufficiency of “John Doe” complaint’s identification of defendant for purposes of tolling statute of limitations The crimes in this case—sexual assault and robbery—were alleged to have occurred in 1994 and 1995… Read more
Smith v. U.S., USSC 11-8976, 1/9/13 United States Supreme Court decision, affirming United States v.Moore, 651 F.3d 30 (D.C. Cir. 2011) Conspiracy – burden of proof on defendant’s claim of withdrawal Petitioner’s claim lies at the intersection of a withdrawal defense and a statute-of-limitations defense. He asserts that once he presented evidence that he ended his… Read more
