State v. James Lee Eady, Jr., 2016 WI App 12; case activity (including briefs) Under the forgiving standard for assessing the sufficiency of evidence, the state managed to introduce enough circumstantial evidence to prove that the bank Eady robbed was “chartered” by a state of the federal government, and therefore was a “financial institution” for purposes… Read more
26. Sufficiency of evidence
State v. Davis Kevin Lewis, 2014AP2773-CR, District 1, 12/01/2015 (not recommended for publication); case activity (including briefs) Lewis (whose first name is itself a matter of dispute, (¶1 n.2)) brings three challenges to his conviction after trial; all are rejected. The state charged Lewis with sexual assault of K.W., a cognitively disabled man for whom he was a… Read more
State v. Daniel Scott Klinkenberg, 2015AP331-CR, District 4, 11/5/15 (1-judge opinion, ineligible for publication); case activity (including briefs) This is one of those really fact-specific decisions. The centerpiece of the State’s case against Klinkenberg for retail theft was security camera footage that did not show him concealing merchandise of leaving the store with unpurchased merchandise… Read more
Oneida County v. Randall J. Busarow, 2014AP2766, District 3, 7/28/15 (one-judge decision; ineligible for publication); case activity (including briefs) Though there wasn’t direct evidence of exactly when Busarow drove and whether he was intoxicated at that time, the state need not prove the elements of an offense only by direct evidence; reasonable inferences from the… Read more
State v. Maltese Lavele Williams, 2015 WI 75, 7/10/15; majority by Prosser: concurrence by Abrahamson; on certification from the court of appeals; case activity (including briefs) All jury instruction errors are to be assessed for whether the error was harmless, the supreme court declares, including errors describing a theory of criminal culpability that was not… Read more
State v. Robert C. Blankenheim, 2015AP239-CR, District 2, 7/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) Blankenheim’s challenges his OAR conviction by arguing that he was unlawfully stopped, that the evidence wasn’t sufficient to prove operation on a highway, and that the police officer wasn’t a credible witness. The court of appeals disagrees “on all points….” (¶1)… Read more
Questions presented: 1. Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions where those instructions, without objection, require the government to prove additional or more stringent elements than do the statute and indictment. 2. Whether a statute-of-limitations defense not… Read more
State v. Lavarren D. Etienne, 2014AP2881-CR, 6/18/15, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) This appeal concerned the sufficiency of evidence to support a jury verdict that Etienne intentionally violated a bond which prohibited him from having contact with “P.J.” Etienne said the contact was accidental. Due to the deference given… Read more
