State v. Jonathan Thomas, 2014AP543-CR, District 1, 1/5/15 (not recommended for publication); case activity At his trial on a charge of second degree reckless homicide for causing the death of Michael Brown, Thomas claimed Brown accidentally shot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
26. Sufficiency of evidence
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
Court of appeals request for certification granted; case activity Issue (per court of appeals certification) Whether, under the circumstances of this case, a suffiency of the evidence challenge requires an appellate court to measure the evidence against the instructions the jury received, as the court did in State v. Wulff, 207 Wis. 2d 143, 557 N.W.2d 813… Read more
State v. Michael C. Hess, 2014AP268-CR, District 3, 11/11/14 (not recommended for publication); case activity While the trial evidence was sufficient to support the jury’s verdict that Hess possessed methamphetamine, Hess is entitled to a new trial in the interest of justice because the verdict may have been influenced by evidence offered to proved drugged-driving charges that were… Read more
Court of appeals certification request, certification granted 12/18/14, affirmed, 2015 WI 75; case activity Issue Presented (from Certification) We certify this case to the supreme court because we are uncertain which of two decisions is controlling: State v. Wulff, 207 Wis. 2d 143, 557 N.W.2d 813 (1997), or State v. Beamon, 2013 WI 47, 347 Wis. 2d 559… Read more
State v. Adam J. Gajeski, 2014AP612-CR, District 3, 10/7/14 (1-judge; ineligible for publication); case activity The evidence was sufficient to support the guilty verdict on a theft charge because the jury could have reasonably inferred Gajeski intended to permanently deprive the owner of the property at the time he took the property. After an altercation… Read more
State v. Brian A. Patterson, Appeal No. 2013AP749-CR, District 1, 7/22/14 (not recommended for publication); case activity The State charged Patterson with 1st-degree intentional homicide in a shooting death, but the jury convicted him of a lesser-included offense: 1st degree reckless homicide. In a cut-and-dried decision, the court of appeals held the evidence sufficient to support the conviction… Read more
