State v. Christopher M. Clutter, 230 Wis.2d 472, 602 N.W.2d 324 (Ct. App. 1999) For Clutter: Martha K. Askins, SPD, Madison Appellate Issue: Whether the nonsupport defense of inability to pay is viable by showing “lack of financial resources alone.” Holding: “(L)ack of financial resources alone is insufficient to demonstrate inability to pay.” Inability to… Read more
Published 1999
State v. Tyrone Price, 231 Wis.2d 229, 604 N.W.2d 898 (Ct. App. 1999) For Price: James L. Fullin, Jr., SPD, Madison Appellate. Issue: Whether confinement time spent on parole holds qualifies as “actual confinement serving a criminal sentence” thereby extending the five-year period for a prior, qualifying sentence-enhancement conviction under § 939.62(2). Holding: Time spent… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Holding: Hit-and-run, § 346.67, applies to “premises held out to the public for use of their motor vehicles.” The event occurred at a closed gas station; the court holds the element satisfied: ” … The premises… Read more
State v. Jack E. Thurk, 224 Wis.2d 662, 592 N.W.2d 1 (Ct. App. 1999) For Thurk: Christopher A. Mutschler Holding: Following a vehicular homicide the culpable driver voluntarily accompanied an officer to the station and submitted to a chemical blood test. He seeks suppression, on the ground that he was denied a request for a breathalyzer… Read more
State v. Jamerrel Everett, 231 Wis.2d 616, 605 N.W.2d 633 (Ct. App. 1999) For Everett: Timothy T. Kay; Michael Patrick Cotter Issue: Whether the prosecution constituted double jeopardy because the defendant had been disciplined for the same conduct by the juvenile institution. Holding: Although prison discipline may carry punitive aspects, its principal purposes are institutional… Read more
State v. Roger L. Warren, 229 Wis. 2d 172, 599 N.W.2d 431 (Ct. App. 1999) For Warren: Daniel F. Snyder Holding: Warren’s perjured testimony at a single hearing dealing with a single general subject supports multiple perjury counts, because each charge dealt with different perjured details and is therefore “different in fact” if not law… Read more
Enhancer — Pleading — Charge Made in Information Controls Different Repeater Allegation in Complaint
State v. John J. Thoms, 228 Wis. 2d 868, 599 N.W.2d 84 (Ct. App. 1999) For Thoms: Steven L. Miller Issue/Holding: The court reverses a persistent repeater sentence, § 939.62(2m). Thoms was originally charged in the complaint with the standard 10-year sentence enhancement, § 939.62(1)(c)&(2), based on a prior felony theft conviction. However, the information changed the… Read more
State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999) For DelReal: Richard D. Martin, SPD, Milwaukee Appellate Holding: The defense was denied exculpatory evidence when a detective testified that the defendant had not been swabbed for gunshot residue when in fact he had, with negative results… Read more
