State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read more
D. Ch. 940: Against life/body
State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a) – Test for Admissibility The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide: ¶9 When applying the some evidence… Read more
State v. Mark M. Benson, 2012 WI App 101 (recommended for publication); case activity Equal Protection – Homicide of Unborn Child by Intoxicated Use of Motor Vehicle, §§ 939.75(2)(b)3, 940.09(1)(c) Section § 939.75(2)(b)3 exempts from criminal liability any “act by a woman who is pregnant with an unborn child that results in the death of or great bodily… Read more
State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity Search & Seizure – Consent – Blood Draw Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him… Read more
Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity Extended Supervision Conditions – Suspicionless Searches A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and… Read more
court of appeals certification, review granted, 6/13/12; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment Convicted of reckless homicide, § 940.06(1), in the death of their daughter for failing to obtain medical treatment, the Neumanns raise various issues relating to… Read more
State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1)) Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after… Read more
State v. Thomas C. Niesen, 2010AP1864-CR, District 2, 10/5/11 court of appeals decision (not recommended for publication); for Niesen: James A. Rebholz; case activity Evidence held sufficient to sustain conviction § 940.01(1), court rejecting argument that State failed to prove that Niesen inflicted the fatal knife wound. (Niesen made certain damaging admissions; he met the… Read more
