State v. Murle E. Perkins, 2000 WI App 137, 237 Wis. 2d 313, 614 N.W.2d 25, reversed on other grounds, State v. Perkins, 2001 WI 46, ¶2 n. 2 For Perkins: William E. Schmaal, SPD, Madison Appellate Issue: Whether a conditional threat to shoot a judge, made by a drunk and very depressed individual just before being taken… Read more
D. Ch. 940: Against life/body
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State v. Stephen L. Jensen, 2000 WI 84, 236 Wis. 2d 521, 613 N.W.2d 170, affirming unpublished decision For Jensen: James L. Fullin, SPD, Madison Appellate Issue1: Whether the first degree reckless injury (§ 940.23(1)) element of “utter disregard for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. Deborah J.Z., 228 Wis.2d 468, 596 N.W.2d 490 (Ct. App. 1999), affirmed by equally divided vote, 225 Wis.2d 33, 590 N.W.2d 711 (1999) For Deborah J.Z.: Sally Hoelzel Holding: An unborn child is not a “human being” under the controlling definition in § 939.22(16), and the defendant therefore can’t be charged with attempting to kill… Read more
State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999) For Edmunds: Dean A. Strang Holding: “Utter disregard for human life,” an element of first-degree recklessness, derives from the old second-degree (depraved murder) statute. It imposes an objective test. Therefore, in this shaken baby death, it’s irrelevant whether Edmunds had “personal… Read more
State v. Derrick D. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999) For Johannes: Gregory A. Petit Holding: Johannes was convicted of several counts related to criminally negligent operation of a vehicle. The state’s theory was that Johannes crossed a centerline when he either fell asleep or played with a stereo. He now… Read more
