State v. Damone J. Block, 222 Wis. 2d 586, 587 N.W.2d 914 (Ct. App. 1998) For Block: James M. Weber Issue/Holding: The persistent repeater scheme survives equal protection challenge. Block concedes that the persistent repeater statute deserves only the rational basis test. He argues that there are no reasonable or practical grounds for the manner in which… Read more
Published 1998
State v. Walter A. Kirch, 222 Wis. 2d 598, 587 N.W.2d 919 (Ct. App. 1998) For Kirch: Timothy J. Gaskell Issue/Holding: The federal courts continue to consider possession, title, control and financial stake when determining ownership under 21 U.S.C. § 881(a)(7). … We therefore consider these factors when determining ownership for the purposes of §… Read more
State v. Melvin Thompson, 222 Wis. 2d 179, 585 N.W.2d 905 (Ct. App. 1998) For Thompson: Phillip J. Brehm Issue/Holding: No published Wisconsin case has specifically addressed whether one has a reasonable expectation of privacy in a hospital emergency room or operating room. Accordingly, we analyze the question under the general approach for determining whether… Read more
Kelly L. McCray, 220 Wis. 2d 705, 583 N.W.2d 668 (Ct. App. 1998) For McCray: Paul LaZotte Issue/Holding: A guest who has exceeded his authorized stay loses any expectation of privacy in the residence … Read more
State v. Linda M. Henthorn, 218 Wis. 2d 526, 581 N.W.2d 544 (Ct. App. 1998) For Henthorn: Michael Yovovich, SPD, Madison Appellate Issue/Holding1: In Hamiel v. State, 92 Wis.2d 656, 666, 285 N.W.2d 639, 646 (1979), the supreme court outlined the two requirements for proof of an attempted crime: [I]t must … be shown that… Read more
State v. Steenberg Homes, 223 Wis.2d 511, 589 N.W.2d 668 (Ct. App. 1998) Holding: Corporations are subject to criminal liability under Wis. Stat. § 940.10… Read more
State v. Damone J. Block, 222 Wis. 2d 586, 587 N.W.2d 914 (Ct. App. 1998) For Block: James M. Weber Issue/Holding: Block’s next claim is that there was insufficient evidence to prove all of the elements of assault by a prisoner. Those elements are: (1) the defendant was a prisoner at the time of the… Read more
State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998) For Sveum: Robert T. Ruth Issue/Holding: Johnson received several hang-up telephone calls on April 16, 1996. Sveum told Walls that he made the calls, and Walls relayed this information to Johnson. When asked how the phone calls made her feel… Read more
