State v. Brandon L. Mason, 2004 WI App 176 For Dawson: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The felony murder statute, § 940.03 (1999-2000), contains characteristics suggestive of both penalty enhancers (it adds a specified term to the maximum penalty applicable to the underlying crime), ¶15, and also substantive offenses (it is located in a chapter… Read more
Published 2004
State v. Miyosha White, 2004 WI App 237, PFR filed 12/1/04 For White: Leonard Kachinsky Issue/Holding: A sentencing court exercising discretion on eligibility for the earned release program, § 973.01(3g), has authority to determine not only whether but also when the defendant is eligible for the program. The language and purpose of the earned release statute is “almost… Read more
State v. David A. Lehman, 2004 WI App 59, PFR filed 3/4/04 For Lehman: Leonard D. Kachinsky Issue/Holding: Sentencing court may impose 4-year waiting period for entry into Challenge Incarceration Program (“boot camp”), §§ 302.045, 973.01(3m): ¶17. The intent of the legislature is therefore advanced by an interpretation of Wis. Stat. § 973.01(3m) that allows a sentencing court… Read more
State v. Jack P. Lindgren, 2004 WI App 159, PFR filed 8/20/04 For Lindgren: Stephen M. Compton Issue/Holding: Search warrant application was supported by probable cause to search the defendant’s home and his computer, based on allegation of 15-year-old victim, that defendant had taken photographs of her posing nude, and had touched her vaginal area and admission… Read more
State v. John R. Maloney, 2004 WI App 141, affirmed, 2005 WI 74 Issue/Holding: The WESCL bars interception of a communication where the intent is to commit an “injurious act,” a showing that Maloney can’t make: ¶16. Generally, intent presents a question of fact that we are not allowed to resolve. See, e.g., State v. Lossman, 118 Wis. 2d 526… Read more
State v. Jeffrey P. Powers, 2004 WI App 143 For Powers: Walter Arthur Piel, Jr. Issue/Holding: ¶8. Before addressing Powers’ arguments, we will clarify when a seizure occurs. The trial court held that Powers was seized when Bethia activated his emergency lights. That is not the law in Wisconsin. In State v. Kelsey C.R., 2001 WI… Read more
State v. Jeffrey P. Powers, 2004 WI App 143 For Powers: Walter Arthur Piel, Jr. Issue/Holding: ¶9. Powers attacks the tip provided by the clerk at Osco; he contends that Bethia could not give it any credence. We begin by restating the obvious: when a caller provides his or her name, the tip is not… Read more
State v. Jeffrey P. Powers, 2004 WI App 143 For Powers: Walter Arthur Piel, Jr. Issue/Holding: ¶10. Powers insists that the clerk’s tip is unreliable because the clerk did not observe Powers drive his truck “in a manner consistent with someone who was under the influence of an intoxicant.” We conclude that the tip was… Read more
