State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Unrefuted indications of the child-complainant’s changed recollection of the details and reluctance to testify, ¶¶8-9, established “substantial prejudice” so as to defeat a pre-sentencing motion to withdraw plea: ¶16 A defendant seeking to withdraw… Read more
Published 2007
State v. Kevin F. McGuire, 2007 WI App 139, PFR filed 6/4/07 For McGuire: Timothy A. Provis Issue: Whether a promissory note is a “security” within the meaning of § 551.02(13(a). Holding: The 4-factor test of In Reves v. Ernst & Young, 494 U.S. 56, 66-67 (1990) applies: “1) the motivations of a reasonable seller… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the scienter element of § 125.075(1) requires proof that the defendant know that a particular individual is under the legal drinking age. Holding: ¶11 Wille makes much of the fact that Wis. Stat. § 125.075(1) refers several times to… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the evidence was sufficient under § 125.075(1) to show that the defendant had the underage victim had consumed alcohol provided by the defendant at a party for which the defendant supplied beer and sold red cups… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶31 … The State was under no obligation to establish the level of alcohol in Meshak’s blood at the time of the accident, or even to prove that he was intoxicated to the degree required for… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶24 Wille claims the trial court erred in instructing jurors that, to find Wille guilty of the charged crime, Meshak’s consumption of alcohol provided by Wille was required to be “a” substantial factor in causing Meshak’s… Read more
State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: ¶12 As the circuit court recognized after the State brought its motion for reconsideration, circuit courts in Wisconsin may not, absent circumstances not present here, sua sponte vacate guilty pleas validly accepted. State v… Read more
State v. Ahern Ramel, 2007 WI App 271 For Ramel: Wm. Tyroler, SPD, Milwaukee Appellate Issue/Holding: The court may take judicial notice of public records, including material found in briefs available on-line, ¶24 n. 9… Read more
