State v. Jonathan J. Hubbard, 2008 WI 92, reversing 2007 WI App 240 For Hubbard: Steven W. Zaleski Issue: Whether, upon jury request for clarification of “materially impaired” under the instructions for injury by intoxicated use of a vehicle, § 940.25(1)(a), the trial court properly responded that the should “give all words not otherwise defined… Read more
D. Ch. 940: Against life/body
State v. Alexander Caleb Grunke / State v. Dustin Blake Radke, 2008 WI 82, reversing 2007 WI App 198 For Grunke: Suzanne Edwards For Radke: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether § 940.225 criminalizes sexual contact or sexual intercourse with a victim already dead at the time of the sexual activity when the accused… Read more
State v. Leonard J. Quintana, 2008 WI 33, affirming 2007 WI App 29 For Quintana: James B. Connell, Robyn J. DeVos, William R. Kerner Issue/Holding: ¶70 To constitute mayhem, the State must show that the defendant had (1) the specific intent to disable or disfigure; (2) by cutting or mutilating the tongue, eye, ear, nose… Read more
State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion For Muckerheide: Mark S. Rosen Issue/Holding: On a trial of homicide by intoxicated use of a motor vehicle, § 940.09(1)(b), where the defense was that the death would have occurred anyway because the deceased grabbed the wheel just prior to the accident, evidence that the deceased “had… Read more
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶19 Wisconsin Stat. § 940.10(1) provides that a person who “causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony.” The term “negligent” as used… Read more
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶34 In sum, we conclude that the State presented sufficient evidence for jurors to reasonably conclude, beyond a reasonable doubt, that Schutte’s conduct prior to the collision was criminally negligent within the meaning of Wis. Stat. §§ 939.25… Read more
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue: Whether the trial court invaded the jury’s province when it instructed that the court of appeals had held in State v. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999) that a criminally negligent act had occurred… Read more
State v. Reinier A. Ravesteijn, 2006 WI App 250 For Ravesteijn: Rudolph L. Oldeschulte Issue/Holding: Kidnapping is mitigated from a Class B to Class C felony if the victim is released without permanent physical injury prior to the first witness’s testimony, ¶17. When accepting a guilty plea to Class B kidnapping the court must ascertain a… Read more
