State v. Dennis J. Thornton, 2009AP3074-CR, District 2, 4/13/11 court of appeals decision (not recommended for publication); for Thornton: Angela C. Kachelski; case activity Scienter is not an element of § 940.225(3). State v. Lederer, 99 Wis. 2d 430, 433, 299 N.W.2d 457 (Ct. App. 1980) (statute requires proof of victim’s nonconsent – in contradistinction, presumably… Read more
D. Ch. 940: Against life/body
William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part I 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part II (procedural default) is… Read more
State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise… Read more
State v. Kelly J. McCredie, 2010AP1179-CR, District 2, 3/2/11 court of appeals decision (not recommended for publication); for McCredie: William E. Schmaal, SPD, Madison Appellate; case activity For purposes of 3rd-degree sexual assault, § 940.225(3), the actor cannot obtain consent by deceiving the victim as to his true identity. McCredie misled the victim into thinking… Read more
State v. Janet A. Conner, 2011 WI 8, affirming 2009 WI App 143; for Conner: Stephen E. Mays; case activity; Conner BiC; State Resp.; Reply Stalking, § 940.32 – Notice of Charge, “Course of Conduct” Stalking requires proof of, among other elements, a “course of conduct” which “means a series of 2 or more acts carried out… Read more
State v. Tony Lamont Jackson, 2010AP351-CR, District 1, 12/14/10 court of appeals decision (3-judge, not recommended for publication); for Jackson: Hans P. Koesser; Jackson BiC; State Resp.; Reply Miranda – Custody Initially treated at the scene of a shooting by the police as a witness rather than suspect, Jackson voluntarily accompanied the police to the… Read more
State v. Patrick R. Patterson, 2010 WI 130, affirming 2009 WI App 181; for Patterson: David R. Karpe; Patterson BiC; State Resp.; Reply Multiplicity – § 948.40(1) (4)(a) as Lesser Offense of § 940.02(2)(a) Contributing to the delinquency of a minor with death as a result, § 948.40(1), (4)(a) is not a lesser offense of first-degree… Read more
State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
