State v. Delano L. Terrell, 2006 WI App 166 For Terrell: Martin E. Kohler, Brian Kinstler, Christopher M. Eippert Issue: Whether a sheriff’s deputy assigned to work as a court bailiff is a “correctional staff member” so as to come within § 940.225(2)(h). Holding: A “correctional staff member” is defined as an individual who works… Read more
D. Ch. 940: Against life/body
State v. Eric Benjamin Gardner, 2006 WI App 92 For Gardner: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding1: The elements of § 940.25(1)(am) – the defendant operated a vehicle with “a detectable amount of a restricted controlled substance in his or her blood, and the operation of the vehicle caused great bodily harm to the… Read more
State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: Use of a weapon is an element of stalking with a dangerous weapon, and the offense has therefore not been committed until the weapon has been employed (though the offense of stalking has been), ¶8 and id… Read more
State v. Alvin M. Moore, 2006 WI App 61, PFR filed 3/21/06 For Moore: Donna L. Hintze, SPD, Madison Appellate Issue: Whether an effort at dissuading a child witness which was directed at the child’s mother satisfies the elements of attempted intimidation of a witness, § 940.42. Holding: ¶10 To prove attempted intimidation of Tamika… Read more
State v. Alvin M. Moore, 2006 WI App 61, PFR filed 3/21/06 For Moore: Donna L. Hintze, SPD, Madison Appellate Issue: Whether separate counts are supported for attempted intimidation of the same witness, representing each separate letter sent by the defendant to the witness imploring her not to testify against him. Holding: Multiple counts are… 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… Read more
State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: Rejecting the JI Committee definition of “cunnilingus,” the court “ conclude(s) that the statutory scheme of the sexual assault law does not require proof of ‘stimulation of the clitoris or vulva,’” ¶¶11-21. ¶21 The complaint and the undisputed evidence presented… Read more
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding1: Evidence of the driver’s marijuana use just before the accident resulting in the charged homicide by negligent use of vehicle was relevant and admissible: ¶48 Although the toxicology expert could not tie the level of THC detected in… Read more
