 |
| Donald McGuire |
A former Jesuit priest, convicted in 2005 for indecent behavior with children in the 1960s, failed in his constitutional challenge to Wisconsin’s statute of limitations.
In State v. McGuire, 2010 WI 91 (July 20, 2010), the Wisconsin Supreme Court affirmed an appeals court order that denied Donald McGuire’s postconviction motion for relief. McGuire challenged on constitutional grounds Wis. Stat. section 939.74, under which prosecutions are subject to a six-year statute of limitations. But the time limitations period stops running during periods that an actor is not publicly a resident of the state. McGuire was charged in 2005 for crimes that occurred in Wisconsin between 1966-68, but at all times lived in the Chicago area. He challenged the Wisconsin statute mainly on the grounds that section 939.74, as applied to him, violated his constitutional rights under the privileges and immunities, equal protection, and due process clauses of the U.S. and Wisconsin constitutions.
Link (here) to the Wisconsin Bar.
1 comment:
The way these priests abused children and hid it for many years, I am glad that justice is being served to those priests who committed horrendous acts, crimes. But, we should also make sure that they are truly guilty. I believe that in this instance that the court is right to deny Father's request. It seems like he's just trying to avoid doing the time for his crime/s.
Post a Comment