State v. Michael S. Hoseman, 2011 WI App 88 (recommended for publication); for Hoseman: Timothy M. Johnson; case activity Hoseman is liable in restitution for damages to a rented house caused by his marijuana manufacturing operation. Restitution requires that there be a “direct victim” of the crime and a causal connection between the defendant’s conduct and… Read more
Published 2011
State v. Jeffrey D. Walli, 2011 WI App 86 (recommended for publication); for Walli: Chad A. Lanning; case activity Trial court factual findings made from a combination of live testimony and video evidence are reviewed deferentially, under the “clearly erroneous” standard of review; the court rejects de novo review of the video recording. Here, it… Read more
State v. Andre D. Hansbrough, 2011 WI App 79(recommended for publication); for Hansbrough: Amelia L. Bizzaro; case activity Verdict Forms – Harmless Error Failure to provide a not guilty verdict option with a lesser included offense instruction is, although error, not structural but is instead subject to analysis for harmlessness, ¶¶10-17. ¶9 At the outset, we… Read more
State v. Calvin Jerome Pirtle, 2011 WI App 89(recommended for publication); for Pirtle: Christopher J. Cherella; case activity Consent to Search – Georgia v. Randolph Pirtle’s failure to object to the police presence allowed them to act on the co-tenant’s consent to a warrantless search under Georgia v. Randolph, 547 U.S. 103 (2006): ¶15 In… Read more
State v. Eliseo Peralta, 2011 WI App 81(recommended for publication); for Peralta: Martin J. Pruhs; case activity Conspiracy, § 939.31 – “Overt Act” The “overt act” element of conspiracy, though it must go “beyond mere planning and agreement,” may be “virtually any act,” even if “insignificant,” ¶¶19-21. Thus, Peralta’s “communication to an undercover police detective… Read more
Dane County v. Kelly M., 2011 WI App 69 (recommended for publication); for Kelly M.: Ruth N. Westmont, Ashley J. Richter; case activity Kelly M. appeals a commitment order premised on the “fifth standard,” inability by reason of mental illness to understand the advantages and disadvantages of medication or treatment for the mental illness. ¶3 We conclude as follows: (1)… Read more
State v. Michael D. Below, 2011 WI App 64 (recommended for publication); for Below: Joseph L. Sommers; case activity Below indisputably caused massive injuries that resulted in the victim’s death, albeit after medical staff terminated life support. His reckless acts were therefore a “substantial factor” in, hence caused, her death. He was not entitled to… Read more
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver – Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read more
