State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶37 Owner nonconsent, like other elements of criminal offenses, may be proved by circumstantial evidence. See Bohachef v. State, 50 Wis. 2d 694, 700-01, 185 N.W.2d 339 (1971). The test on review is… Read more
26. Sufficiency of evidence
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: ¶57 Next, we address Doss’s argument that there was insufficient evidence to support her conviction under Wisconsin Statute § 943.20(1)(b). Doss correctly recites the elements the State was required to establish to obtain a conviction: that (1)… Read more
State v. Jeffrey Lorenzo Searcy, 2006 WI App 8 For Searcy: Joseph L. Sommers Issue/Holding1: ¶23 Searcy claims the only evidence linking him to the Hoffman burglary was his fingerprint on the window screen in the Hoffmans’ bedroom. He argues that the mere presence of his fingerprint, standing alone, is insufficient to connect him to… Read more
State v. Dale H. Chu, 2002 WI App, PFR filed 4/23/02 For Chu: Andrew Shaw Issue/Holding: Evidence held sufficient, despite disagreement of experts on how fire was started; the jury was required to determine whether defendant intentionally started the fire, not specifically how it was set. ¶44 Chu may instead be arguing that the verdicts… Read more
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether the evidence was sufficient to support conviction for burglary/theft. Holding: Evidence that defendant’s fingerprint was found on the “dock station” from which a lap-top was stolen from an office that sold only… Read more
State v. Keith Jones, 228 Wis.2d 593, 598 N.W.2d 259 (Ct. App. 1999) For Jones: Edward J. Hunt Holding: In the course of making their get-away, Jones’s shoplifting codefendant allegedly threatened Shogren, a pursuing guard. Notwithstanding the codefendant’s acquittal, Jones’s conviction for armed robbery is sustained against a sufficiency of evidence challenge. Here, there was… Read more