State v. R.A.R., No. 88-1008-CR
| Court | Court of Appeals of Wisconsin |
| Writing for the Court | GARTZKE |
| Citation | 148 Wis.2d 408,435 N.W.2d 315 |
| Docket Number | No. 88-1008-CR |
| Decision Date | 22 December 1988 |
| Parties | STATE of Wisconsin, Plaintiff-Appellant, v. R.A.R., Defendant-Respondent. d |
Page 315
v.
R.A.R., Defendant-Respondent. d
Opinion Released Dec. 22, 1988.
Opinion Filed Dec. 22, 1988.
[148 Wis.2d 409] Donald J. Hanaway, Atty. Gen., and Jerome S. Schmidt, Asst. Atty. Gen., for plaintiff-appellant.
George K. Steil, Jr., and David A. Schumann, and Brennan, Steil, Basting & MacDougall, S.C., Janesville, for defendant-respondent.
Before GARTZKE, P.J., and DYKMAN and SUNDBY, JJ.
GARTZKE, Presiding Judge.
The state appeals from an order dismissing a complaint and information charging R.A.R. with four criminal counts. The issue is whether the charging documents are sufficiently specific to enable R.A.R. to defend. We hold that they are not. We therefore affirm.
On August 18, 1987 R.A.R. was charged with three counts of violating sec. 940.225(1)(d), Stats., and one count of violating sec. 940.225(2)(e). The complaint alleged that the first and second charges occurred
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"during the spring of 1982," the third "during the summer of 1982" and the fourth "during the summer of 1983," all in the village of Orfordville.The factual portion of the complaint asserted that M., born in May 1971, and D., born in February 1969, are R.A.R.'s sisters. M. states that R.A.R. put his [148 Wis.2d 410] fingers into her vagina when he babysat her and her brothers and sisters at their home in the spring of 1982. She states that in the spring of 1982, while babysitting at their home, R.A.R. also made her put her hand inside his pants and touch his penis. She states that during the summer of 1982 R.A.R. was again babysitting at their home and put his finger into her vagina. D. states that in the summer of 1983, while she was cleaning R.A.R.'s room, he sat on the bed, unzipped his pants, pulled her over and made her masturbate him.
In December 1987, following the preliminary examination, the information was filed charging the same counts for the same periods alleged in the complaint. 1 R.A.R. moved to dismiss the complaint and information or to compel the state to make each count more definite and certain.
The trial court ruled that the state had not alleged the dates of the offenses with sufficient precision to satisfy R.A.R.'s constitutional right to due process and the right to be informed of the nature and cause of the accusation. The court directed the state to amend the charging documents to furnish more precise dates or periods, failing which the court would dismiss the complaint and information. Because the state failed to amend the complaint, the court dismissed the complaint and...
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State v. Hurley, 2013AP558–CR.
...41 Further, before applying the Fawcett factors, it is important to reiterate our conclusion in Kempainen that State v. R.A.R., 148 Wis.2d 408, 408, 435 N.W.2d 315 (Ct.App.1988), incorrectly limited a court's consideration of factors one through three to situations where a defendant alleges......
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People v. Watt
...acted diligently following the victim's initial complaints to his teacher. By way of contrast, in State of Wisconsin v. R.A.R., 148 Wis.2d 408, 435 N.W.2d 315, sexual crimes alleged to have occurred over a three-month period were held not to have been pleaded with sufficient specificity whe......
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McElvaney v. Pollard, Case No. 11-C-0198
...that he claims the Wisconsin court's decision was contrary to. Rather, he argues that the state courts misapplied State v. R.A.R., 435 N.W.2d 315 (Wis. Ct. App. 1988) and State v. Fawcett, 426 N.W.2d 91 (Wis. Ct. App. 1988) in rejecting his ineffective assistance of counsel claim.Page 8 In ......
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McElvaney v. Thurmer, Case No. 11-C-0198
...that he claims the Wisconsin court's decision was contrary to. Rather, he argues that the state courts misapplied State v. R.A.R., 435 N.W.2d 315 (Wis. Ct. App. 1988) and State v. Fawcett, 426 N.W.2d 91 (Wis. Ct. App. 1988) in rejecting his ineffective assistance of counsel claim.Page 8 In ......
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State v. Hurley, No. 2013AP558–CR.
...41 Further, before applying the Fawcett factors, it is important to reiterate our conclusion in Kempainen that State v. R.A.R., 148 Wis.2d 408, 408, 435 N.W.2d 315 (Ct.App.1988), incorrectly limited a court's consideration of factors one through three to situations where a defendant alleges......
-
People v. Watt
...acted diligently following the victim's initial complaints to his teacher. By way of contrast, in State of Wisconsin v. R.A.R., 148 Wis.2d 408, 435 N.W.2d 315, sexual crimes alleged to have occurred over a three-month period were held not to have been pleaded with sufficient specificity whe......
-
McElvaney v. Thurmer, Case No. 11-C-0198
...that he claims the Wisconsin court's decision was contrary to. Rather, he argues that the state courts misapplied State v. R.A.R., 435 N.W.2d 315 (Wis. Ct. App. 1988) and State v. Fawcett, 426 N.W.2d 91 (Wis. Ct. App. 1988) in rejecting his ineffective assistance of counsel claim.Page 8 In ......
-
McElvaney v. Pollard, Case No. 11-C-0198
...that he claims the Wisconsin court's decision was contrary to. Rather, he argues that the state courts misapplied State v. R.A.R., 435 N.W.2d 315 (Wis. Ct. App. 1988) and State v. Fawcett, 426 N.W.2d 91 (Wis. Ct. App. 1988) in rejecting his ineffective assistance of counsel claim.Page 8 In ......