State v. Eileen M. Entringer, 2001 WI App 157 For Entringer: William E. Schmaal, SPD, Madison Appellate Issue: Whether, for purposes of the forgery statute, a person can falsely make a postal order by writing in the name of someone else as the payer. Holding: Because forgery applies only to falsehoods that materially affect the… Read more
Published 2001
State v. Shane M. Ferguson, 2001 WI App 102 For Ferguson: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether the warrantless, forced police entry of a locked closet was justified under the community caretaker doctrine. Holding: ¶12 After applying the Anderson test, we are satisfied that the police actions here qualified as ‘community caretaker.’ A search, to qualify… Read more
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether § 943.201(2) creates a continuing offense such that, as applied to Ramirez, it did not violate the ex post facto clause even though the statute was promulgated after he commenced the activity that formed the basis for… Read more
State v. Deborah J. Zimmerman, 2001 WI App 238 For Zimmerman: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether someone in the custody of a probation or parole agent “is in actual custody” for purposes of the escape statute, § 946.42. Holding: ¶5. To be guilty of escape, Zimmerman must be found to be in custody… Read more
State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64 For Noble: Jeff P. Brinckman Issue: Whether the evidence was sufficient to sustain a perjury conviction. Holding: Proof of the elements of perjury — “(1) An oral statement while under oath; (2) The statement was false when made; (3) The defendant… Read more
State v. Leslie M. Haynes, 2001 WI App 266, PFR filed 11/2/01 For Haynes: Gerald F. Kuchler Issue: Whether “the arresting officer from Waukesha county was not acting in his official capacity or with lawful authority as a police officer when he asked [Haynes] to perform field sobriety tests, arrested her and transported her to a… Read more
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether charges of completed and attempted sexual assault of the same victim were multiplicitous. Holding: ¶34. The nature of the two acts was different because the attempted sexual assault was foiled by the victim’s resistance. There was some… Read more
State v. Timothy P. Koenck, 2001 WI App 93, 242 Wis. 2d 693, 626 N.W.2d 359 For Koenck: Lew Wasserman Issue: “(W)hether in a prosecution under § 948.07 the charges must be dismissed because the State cannot prove that the victim had not attained the age of eighteen [because the ‘victim’ is fictitious].” ¶7. Holding… Read more
