State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: In a battery-to-officer prosecution, it is no defense that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element: ¶11 The flaw in Haywood’s contention, however, is that a law-enforcement… Read more
17. Sec. 940.20
State v. Leslie M. Haynes, 2001 WI App 266, PFR filed 11/2/01 For Haynes: Gerald F. Kuchler Issue: Whether “the arresting officer from Waukesha county was not acting in his official capacity or with lawful authority as a police officer when he asked [Haynes] to perform field sobriety tests, arrested her and transported her to a… Read more
State v. James T. Fitzgerald, 2000 WI App 55, 233 Wis. 2d 584, 608 N.W.2d 391 For Fitzgerald: Daniel P. Dunn Issue: Whether a probationer in custody under a probation hold is necessarily a “prisoner” within the battery by prisoner statute, Wis. Stat. § 940.20(1). Holding: Because a “prisoner” is someone confined as a result of a… 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
