State v. Mark J. Gahart, 2022 WI App 61; case activity (including briefs) The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute. Gahart was convicted of OWI while his minor daughter was in the… Read more
B. Published opinions
On October 26, 2022, the court of appeals ordered the publication of the following criminal law related decision: State v. Terry L. Hibbard, 2022 WI 53 (aiding buyer in drug sale can lead to Len Bias liability because it also aids dealer)… Read more
State v. Dreama F. Harvey, 2022 WI App 60; case activity (including briefs) A jury convicted Harvey of reckless homicide by the delivery of heroin. On appeal, she notes that the jury instructions would have permitted conviction on the theory that she either aided and abetted another supplier or was part of the chain of… Read more
State v. Terry L. Hibbard, 2022 WI App 53; case activity (including briefs) In a decision that allows for a sweeping expansion of aiding and abetting prosecutions in Len Bias cases, the court of appeals holds that a person assisting only a buyer a drug transaction could also be prosecuted for reckless homicide if the… Read more
The court of appeals September 2022 publication order did not include any criminal cases… Read more
On August 31, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Killian, 2022 WI App 43 (successive prosecution after mistrial violated double jeopardy prohibition) State v. Weigel, 2022 WI App 48 (state breached agreement to ask for 20 year sentence by asking for 25 year sentence)… Read more
State v. James P. Killian, 2022 WI App 43; review granted 1/20/23; reversed, 2023 WI 52; case activity (including briefs) The state provoked a mistrial in a case charging Killian with child sexual assault offenses against two complainants. The circuit court later dismissed the case due to the prosecutor’s misconduct. When the state recharged Killian… Read more
State v. Jamie Lee Weigel, 2022 WI App 48; case activity (including briefs) In Wisconsin criminal law, the word “sentence” is sometimes used generically to include probation; other times it’s used in a technical sense to refer only to imprisonment, and thus excludes probation. See, e.g., State v. Fearing, 2000 WI App 229, ¶6, 239… Read more
