Wood County v. Zebulon K., 2011AP2387, and Wood County v. Forest K., 2011AP2394, District 4, 2/7/13; court of appeals decision (1-judge, ineligible for publication); case activity: Zebulon K.; Forest K. The evidence was not sufficient to prove that Zebulon and Forest need to be protectively placed. Though Zebulon and Forest are developmentally disabled, the evidence does… Read more
26. Sufficiency of evidence
State v. William G. Bennett, 2012AP1757-CR, District 2, 1/30/13; court of appeals decision (1-judge; ineligible for publication); case activity Evidence that Bennett sent a lewd and obscene letter to a person was sufficient to support conviction for disorderly conduct because the content of the letter placed it beyond a mere “personal annoyance” to the victim… Read more
Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2). 2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal… Read more
Milwaukee County v. Cheri V., 2012AP1737, District 1, 12/18/12 court of appeals decision (1-judge, ineligible for publication); case activity Mental health commitment, § 51.20, requires proof of mental illness and dangerousness. Cheri V. limits this challenge to the latter; the court agrees: ¶7 As seen from our recitation of the facts adduced at the trial… Read more
State v. Roshawn Smith, 2012 WI 91, reversing in part, affirming in part unpublished decision; case activity Standard of Review: Sufficiency of Evidence ¶29 We understand Smith’s central argument regarding the standard of review on the evidentiary question to be summed up in the proposition that a jury verdict of guilt[9] must be reversed on appeal if “[t]he inferences that… Read more
Best Price Plumbing, Inc. v. Erie Insurance Exchange, 2012 WI 44; case activity ¶37 n. [11]: In State v. Ndina, 2009 WI 21, ¶29, 315 Wis. 2d 653, 761 N.W.2d 612, this court recognized that the terms “forfeiture” and “waiver” are often used interchangeably, but that the terms embody distinct legal concepts. Forfeiture is the failure to make the timely assertion of… Read more
court of appeals decision; for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; prior post Elements, Fleeing, § 346.04(3) – Instructions – Sufficiency of Proof – Harmless Error Issues (from Beamon’s Petition for Review): Is a jury instruction which describes the factual theory alleged to satisfy an element legally erroneous? In a criminal case, are the instructions… Read more
State v. Cedric O Clacks, 2011AP338-CR, District 4, 12/22/11 court of appeals decision (not recommended for publication); for Clacks: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to prove contested, fourth element of identity theft (intentional representation user of personal identification document of another authorized to use it), § 943.201(2)(a) as party to the crime… Read more
