State v. Mark S. Mielke, 2002 WI App 251, PFR filed 10/3/02 For Mielke: David J. Van Lieshout Issue/Holding: Warrantless entry of a residence by the police, to investigate a domestic violence report concededly providing probable cause, was supported by exigent circumstances where the police could reasonably conclude that the safety of the reported victim was being compromised… Read more
Published 2002
State v. Dennis Lee Londo , State v. Richard John Vernon, 2002 WI App 89, PFR filed 4/2/02 For Londo: Michael B. Plaisted For Vernon: Dennis P. Coffey, Seth P. Hartigan Issue: Whether the police were justified in warrantless entry and search of a residence, during which they seized contraband, in order to investigate a reported burglary. Holding: The police… Read more
State v. Todd W. Timblin, 2002 WI App 304 For Timblin: Alex Flynn Issue: Whether agency necessarily becomes an element of theft by fraud, § 943.20(1)(d), when the defendant obtains the property through an intermediary. Holding: The intermediary must actually be an agent before an agency relationship is necessary to state’s proof. Where, as here… Read more
State v. Kelley L. Hauk, 2002 WI App 226 For Hauk: David D. Cook Issue/Holding: State need not charge defendant with both bail jumping and underlying crime in order to obtain conviction for bail jumping (i.e., violating bond by committing crime). ¶¶14-18. ¶19 We therefore conclude that as long as there is evidence sufficient to allow a… Read more
State v. Joseph M. Espinoza, 2002 WI App 51, subsequently overruled by State v. Brent R. Reed, 2005 WI 53 For Espinoza: Steven P. Weiss, SPD, Madison Appellate Issue: Whether a suspect’s mere denial of guilt of the crime under investigation may in and of itself establish probable cause for the separate crime of obstructing, § 946.41(1)… Read more
State v. Paul Venema, 2002 WI App 202 For Venema: Randall R. Garczynski Issue/Holding: ¶20 We reject Venema’s argument that a contract has to be in existence in order for a violation to occur under Wis. Stat. § 946.13(1)(a). Such an interpretation is undermined by the plain meaning of the statutory language. The common meaning of… Read more
State v. Paul K. Shanks, 2002 WI App 93, PFR filed 4/11/02 For Shanks: Steven A. Koch Issue/Holding: Evidence held sufficient to support conviction for sexual assault of child, notwithstanding inconsistencies and equivocations in complainant’s testimony (court stressing that certain pretrial statements she made did implicate defendant), ¶25. Court also finds evidence sufficient on element… Read more
State v. Brian B. Burke, 2002 WI App 291, PFR filed 11/29/02 For Burke: Robert H. Friebert Issue/Holding: ¶22. We conclude that the members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included article IV, section 15 in the Wisconsin Constitution. The phrase… Read more
