State v. Sylvester Hughes, 218 Wis. 2d 538, 582 N.W.2d 49 (Ct. App. 1998) For Hughes: Michael H. Kopp Issue/Holding: Accordingly, precisely because persons who use wheelchairs, and those who do not, deserve equal treatment and protection under the laws prohibiting theft,9 we conclude that theft “from the person” encompasses the taking of property from… Read more
Published 1998
State v. Daniel T. O’Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998) For O’Shea: Jeffrey D. Knickmeier Issue/Holding: Forgery, §.943.38(2), does not require that the offender act with intent to defraud. Our first inquiry must be to the language of the statute, particularly to the language in subsection 2 that refers to… Read more
State v. Daniel T. O’Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998) For O’Shea: Jeffrey D. Knickmeier Issue/Holding: Shea alleges that § 943.41(3), Stats., requires the State to prove that the offender acquired actual possession of a cardholder’s financial transaction card without consent. … We begin with the language of § 943.41(5)(a)… Read more
Harassment, §§ 947.013(1m)(b), (1r) — Sufficiency of Evidence — Act “Accompanied By” Credible Threat
State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998) For Sveum: Robert T. Ruth Issue/Holding: Sveum contends that the evidence was insufficient to prove that “[t]he act [was] accompanied by a credible threat.” The only threats alleged in this case occurred on October 16, 1994, when Sveum, among other… Read more
State v. Gary R. Brunette, 220 Wis. 431, 583 N.W.2d 174 (Ct. App. 1998) For Brunette: Kevin Schram Issue/Holding: Seven-year old’s testimony that she was touched on or near her “privates” and “potty place” sufficient to sustain conviction for first-degree sexual assault… Read more
State v. Teresa L. Bellows, 218 Wis. 2d 614, 582 N.W.2d 53 (Ct. App. 1998) For Bellows: Martha K. Askins, SPD, Madison Appellate Issue/Holding: …The State was required to prove that: (1) Bellows was responsible for the welfare of her three children; (2) she intentionally contributed to their neglect; and (3) the children were under… Read more
State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998) For Gruen: Scott F. Anderson Issue/Holding: Temporary detention of Gruen based on reasonable suspicion that he had caused an automobile accident while intoxicated was not converted into arrest, where the 1st officer detained him for no more than 15 minutes until a… Read more
State v. Luis E. Bermudez, 221 Wis. 2d 338, 585 N.W.2d 628 (Ct. App. 1998) For Bermudez: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Consent given following illegal entry was, though, voluntary, the fruit of the illegality: When applying the attenuation theory, the following must be considered: (1) the temporal proximity of the misconduct and the… Read more
