State v. Gabriel DeRango, 229 Wis.2d 1, 599 N.W.2d 27 (Ct. App. 1999), affirmed on other grounds, State v. Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 83 For DeRango: Robert G. LeBell Holding: The evidence was sufficient, largely because the complainant’s refusal to go along with DeRango’s scheme constituted intervention of another person, so as… Read more
Published 1999
State v. Deborah J.Z., 228 Wis.2d 468, 596 N.W.2d 490 (Ct. App. 1999), affirmed by equally divided vote, 225 Wis.2d 33, 590 N.W.2d 711 (1999) For Deborah J.Z.: Sally Hoelzel Holding: An unborn child is not a “human being” under the controlling definition in § 939.22(16), and the defendant therefore can’t be charged with attempting to kill… Read more
State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999) For Edmunds: Dean A. Strang Holding: “Utter disregard for human life,” an element of first-degree recklessness, derives from the old second-degree (depraved murder) statute. It imposes an objective test. Therefore, in this shaken baby death, it’s irrelevant whether Edmunds had “personal… Read more
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Officer’s invasion of home’s curtilage, where he smelled marijuana burning inside, held unlawful. Court enumerates various factors relevant to extent of curtilage protection, and stresses that fourth amendment protects both home and area around… Read more
State v. Richard D. Yakes, 226 Wis.2d 425, 595 N.W.2d 108 (Ct. App. 1999) Issue/Holding: Yakes owned a commercial enterprise, on whose property was a dumpster owned by the disposal company. The police, acting without a warrant, seized evidence from the dumpster. Yakes, the court of appeals holds, did not demonstrate a reasonable expectation of privacy… Read more
State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether an act may satisfy the “substantial factor” test for causation element if it merely plays a prominent rather than lone role in the proscribed result. Holding: Causation is satisfied by any significant, not necessarily… Read more
State v. Keith Jones, 228 Wis.2d 593, 598 N.W.2d 259 (Ct. App. 1999) For Jones: Edward J. Hunt Holding: In the course of making their get-away, Jones’s shoplifting codefendant allegedly threatened Shogren, a pursuing guard. Notwithstanding the codefendant’s acquittal, Jones’s conviction for armed robbery is sustained against a sufficiency of evidence challenge. Here, there was… Read more
State v. David J. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999) For Gardner: Steven P. Weiss, SPD, Madison Appellate Holding: Gardner was convicted of burglary while armed, § 943.10(2), and argues that the crime requires a nexus of weapon to burglary. The argument fails, largely on authority of State v. Norris… Read more
