State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03 For Zimmerman: Keith A. Findley, UW Law School Issue/Holding: Although “most of the persuasive evidence against” Zimmerman was his own statements and alibi; and although a conviction may not be based solely on a negative inference drawn from the defendant’s own version, other evidence… Read more
Published 2003
State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue/Holding: ¶25. Krawczyk next argues that he was incorrectly charged as “a party to the crime” of felony murder and that this error also rendered his plea to that offense unknowing. We agree with Krawczyk that the State did… Read more
State v. Anthony M. Cotton, 2003 WI App 154 For Cotton: Timothy T. Kay Issue/Holding: ¶19. Following the preliminary hearing and bindover, the State filed an information containing new charges pertaining to Cotton’s encounter with Paikowski-one count of battery or threat of battery to Paikowski and a further similar count regarding Paikowski’s family pursuant to… Read more
State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Police tow of an automobile for “safekeeping,” even though “none of the typical public safety concerns illustrated by Opperman are at issue,” but rather on the ground that the vehicle was unlocked and therefore potentially at risk of theft, was unreasonable because effective alternatives… Read more
State v. Scott Michael Harwood, 2003 WI App 215 For Harwood: Pat J. Schott, Margaret G. Zickuhr Issue: Whether warrantless entry was supported by both probable cause and exigent circumstances, as required by State v. Hughes, 2000 WI 24, ¶17, 233 Wis. 2d 280, 607 N.W.2d 621, based upon a tenant’s reporting a break-in at another apartment… Read more
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose order of jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and therefore may not be charged with escape for leaving the… Read more
State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03 For Forster: Martha K. Askins, SPD, Madison Appellate Issue: Whether designation of “breast,” in § 939.22(19), applies to males as well females, so that touching of a male breast may constitute sexual assault. Holding: The statute plainly applies to the “intimate parts,” including “chest,” “of a… Read more
State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03 For Forster: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The male victim’s testimony that the defendant “rubbed his nipple in a circular motion, while kissing [his] neck, for approximately twenty-five minutes,” established that the defendant touched an intimate part (chest) with illicit intent. ¶¶19-20… Read more
