Published 2006

State v. Jeffrey Lorenzo Searcy, 2006 WI App 8 For Searcy: Joseph L. Sommers Issue/Holding1: ¶23      Searcy claims the only evidence linking him to the Hoffman burglary was his fingerprint on the window screen in the Hoffmans’ bedroom. He argues that the mere presence of his fingerprint, standing alone, is insufficient to connect him to… Read more

State v. Anna Annina, 2006 WI App 202 For Van Hout: Robert R. Henak Issue/Holding: Although police entry into the defendant’s house was pursuant to a search warrant later declared to be invalid, the defendant’s acts in response to that entry amounted to disorderly conduct which did allow for an arrest under lawful police authority; defendant… Read more

State v. Quentrell E. Williams, 2006 WI App 212 For Williams: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Because “recklessly” causing harm to a child, § 948.03(b), is determined solely from an objective point of view, evidence related to whether the actor “subjectively thought his [disciplinary action] was reasonable parental discipline” is irrelevant, including evidence… Read more

State v. Dennis Charles Schulpius, 2006 WI App 263 For Schulpius: Bridget Boyle Issue/Holding: ¶10      … The subsection has two elements:  (1) the defendant must have done something that shows that he or she had, as phrased by § 948.075(1), the “intent to have sexual contact or sexual intercourse” with someone whom he or she… Read more

State v. David R. Kaster, 2006 WI App 72, PFR filed 4/26/06; prior appeal: 2003 WI App 105 For Kaster: Robert R. Henak Issue/Holding: Kaster’s prior appeal held that school staff need not be under contract for purposes of § 948.095; providing voluntary services at the time of the alleged assault suffices. This prior holding… Read more

State v. Cesar Farias-Mendoza, 2006 WI App 134 For Farias-Mendoza: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: A suspect who had agreed to be transported to police headquarters for questioning was arrested within the meaning of the fourth amendment once the police left him unattended for over five hours in a locked room: ¶23      We disagree… Read more

State v. Cesar Farias-Mendoza, 2006 WI App 134 For Farias-Mendoza: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: The “causal chain” between the defendant’s illegal arrest and his statement wasn’t attenuated where: he gave the statement within 25 minutes of the circumstance establishing the arrest, ¶¶28-29; there were no intervening circumstances, ¶¶30-31; and, there were suggestions of… Read more