Morris v. Weaver
Annotate this CasePetitioner was charged by felony information filed in March 2011 with the December 2001 rape of his then-thirteen-year-old stepdaughter. At the time of the alleged rape, the statute of limitations provided that a prosecution for rape must be commenced within six years of the commission of the rape. However, a savings provision in effect at the time extended the statute of limitations for an unreported rape for up to six years beyond the victim's eighteenth birthday. Petitioner filed a motion to dismiss the rape charge for lack of jurisdiction. The circuit court denied the motion, finding that the victim's teacher called the Child Abuse Hotline in 2005 to report the sexual abuse but that there was no proof that the Hotline had referred the call to any law enforcement agency, which allowed application of the savings statute. Petitioner subsequently filed a petition for an extraordinary writ prohibiting the circuit court from trying him for rape because the statute of limitations had expired. The Supreme Court denied the writ, concluding that Petitioner failed to demonstrate he was clearly entitled to an extraordinary writ in this case.
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