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
26. Sufficiency of evidence
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State v. Brian A. Patterson, Appeal No. 2013AP749-CR, District 1, 7/22/14 (not recommended for publication); case activity The State charged Patterson with 1st-degree intentional homicide in a shooting death, but the jury convicted him of a lesser-included offense: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
State v. David Phillip Foley, 2013AP1722-CR/2013AP1723-CR; district 1, 6/17/14 (unpublished); case activity Under § 943.20(1)(d), theft by fraud requires, among other things, that the defendant made a false representation to the owner of the property that the defendant stole. This does not require direct communication between the defendant and the victim. It is sufficient that… Read more
State v. Mark K. Schrick, 2013AP1166-CR, District 4, 12/27/13 (1-judge decision, ineligible for publication); case activity Actually, this case concerns more than just dentures. A jury convicted Schrick of operating a vehicle with a prohibited alcohol concentration in violation of §346.63(1)(b). On appeal, Schrick challenged (1) the trial court’s decision to deny his motion for… Read more
State v. Evan K. Saunders, 2013AP1229-CR, District 1, 11/5/13 (1 judge; ineligible for publication); case activity This case concerns a gynecologist’s sexual assault of 4 different patients over 2 1/2 years. Sufficiency of evidence: Fourth degree sexual assault requires proof that the defendant had “sexual contact” with the victim without her consent. Wis. Stat. §… Read more
State v. Keith M. Bohannon, 2013 WI App 87; case activity Substitution of judge; “new” judge under § 971.20(5) When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new”… Read more
State v. Christina V., 2013AP405-FT, District 3, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity The evidence was sufficient to support the trial court’s order adjudicating Christina delinquent of disorderly conduct despite the judge’s comments that what happened in the case was “somewhat of a guess” and that his conclusions were “[m]y… Read more
