State v. William E. Draughon III, 2005 WI App 162, (AG’s) PFR filed For Draughton: Stephen L. Miller Issue/Holding: Draughon, a pastor, was concededly a “clergy” member within § 940.22(2); however, the instructions relieved the State of its burden of proof on the element of whether he performed “therapy” in this capacity, in that they… Read more
3. Elements of offenses
State v. Stephen L. Jensen, 2000 WI 84, 236 Wis. 2d 521, 613 N.W.2d 170, affirming unpublished decision For Jensen: James L. Fullin, SPD, Madison Appellate Issue1: Whether the first degree reckless injury (§ 940.23(1)) element of “utter disregard for human life” requires proof of the actor’s subjective awareness of the risk of death. Holding… Read more
State v. Jene R. Bodoh, 226 Wis.2d 718, 595 N.W.2d 330 (1999), affirming State v. Bodoh, 220 Wis.2d 102, 582 N.W.2d 440 (Ct. App. 1998) For Bodoh: Michael D. Mandelman Holding: A dog can be a dangerous weapon if used or intended or intended to be used in a manner calculated or likely to cause… Read more
State v. Charles Dante Higgs, 230 Wis.2d 1, 601 N.W.2d 653 (Ct. App. 1999) For Higgs: Joseph E. Redding Issue: Whether a sufficient factual basis was established on the element of bodily harm (where the defendant splashed the victim’s face with urine) to support a guilty plea to battery. Holding: The mere fact that urine… Read more
