State v. Michael A. DeLain, 2005 WI 52, affirming, as modified, 2004 WI App 79 For DeLain: Robert R. Henak Issue/Holding: ¶9 To obtain a conviction for a violation of Wis. Stat. § 940.22(2), the State must prove three elements beyond a reasonable doubt: (1) that the defendant was or held himself or herself out to… Read more
21. Sec. 940.22
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