Criminal Procedure – Due process – notice

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Wisconsin Supreme Court

Criminal

Criminal Procedure – Due process – notice

Even though the allegations in a criminal complaint are 12 and 15 years old, and cover a period of several months, the complaint is sufficient.

“Taking account of all of the circumstances surrounding the charges against Kempainen, we hold that he was given sufficient notice of the nature of the charges against him and that he is able to plead and prepare a defense. Despite the passage of 12 and 15 years from the dates of the alleged assaults, the complaint puts forth sufficient detail such that Kempainen was aware of the charges against him.”

“We hold that in child sexual assault cases, courts may apply the seven factors outlined in Fawcett, and may consider any other relevant factors necessary to determine whether the complaint and information ‘states an offense to which [the defendant can] plead and prepare a defense.’ Holesome, 40 Wis. 2d at 102. No single factor is dispositive, and not every Fawcett factor will necessarily be present in all cases. Second, we hold that the complaint and information provided adequate notice of when the alleged crimes occurred and thus did not violate Kempainen’s due process right to plead and prepare a defense. We therefore affirm the court of appeals and remand to the circuit court with the instructions to reinstate the complaint and information against Kempainen.”

Affirmed.

2013AP1531-CR State v. Kempainen

Gableman, J.

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