01-1311 State v. Haines

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Where the statute of limitations had not yet run for defendant as of the effective date of the amendment to Wis. Stat. sec. 939.74(2)(c), the amended age 26 limitations period for the assault victim applies to defendant, not the prior age 21 limitation.

“We have concluded that ‘once a statute of limitations has run, the party relying on the statute has a vested property right in the statute-of-limitations defense, and new law which changes the period of limitations cannot be applied retroactively to extinguish that right.’… However, we have also concluded that a ‘defendant only acquired such a right when the statute had run, [therefore,] where a new extended period of limitations was provided by statute in the interim between the accrual of the cause of action and the running of the original period of limitations, the new period would apply.'”

The decision of the Court of Appeals is affirmed.

Court of Appeals, Bablitch, J.

Attorneys:

For Appellant: William L. Gansner, James E. Doyle, Madison

For Respondent: Mark A. Huesmann, Sonja Davig Huesmann, Holmen