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
26. Sufficiency of evidence
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
Village of DeForest v. Michael Brault, 2014AP2398, District 4, 4/16/16 (one-judge decision; ineligible for publication); case activity (including briefs) Brault’s challenge to the sufficiency of the evidence for his conviction for OWI 1st is frivolous, so sanctions under Rule 809.25(3) are appropriate. Brault claimed the evidence was insufficient because the circuit court’s verdict relied on the arresting… Read more
State v. Nathan M. Caffero, 14AP1711-CR, District 3, 4/7/15 (one-judge decision; ineligible for publication); case activity (including briefs) Despite the trial testimony of Muxlow, Caffero’s girlfriend, that she was the person who caused the fire in their apartment by putting lit incense on top of a toilet paper roll, Caffero’s own admissions to the police… Read more
Lawrence Owens v. Stephen Duncan, 7th Circuit Court of Appeals Case No. 14-1419, 3/23/15, cert. petition granted, 10/1/15; petition dismissed as improvidently granted, 1/20/16 The Seventh Circuit grants habeas relief to Owens, who was convicted of murder after a bench trial, because the trial judge’s finding of guilt was based on evidence that did not exist and thus… Read more
State v. Jonathan Thomas, 2014AP543-CR, District 1, 1/5/15 (not recommended for publication); case activity At his trial on a charge of second degree reckless homicide for causing the death of Michael Brown, Thomas claimed Brown accidentally shot himself while handling a gun. The jury found Thomas guilty of the lesser included offense of homicide by negligent handling of a dangerous… Read more
State v. Bobbie Tanta Bowen, 2015 WI App 12; case activity Bowen was found guilty of bail jumping for violating the provision of his bail that he have no contact with F.B., the victim of an earlier battery charge, or F.B.’s residence. The court of appeals holds that the trial evidence—which showed Bowen went into… Read more
State v. John D. Harris, 2014AP1292-CR, District 1, 12/23/14 (1-judge decision; ineligible for publication); case activity Harris isn’t entitled to a new trial based on alleged errors in the jury instruction for disorderly conduct, and the evidence is sufficient to support the guilty verdicts for that charge and a charge of battery. Harris was charged… Read more
