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D. Ch. 940: Against life/body

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

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State v. Tony Lamont Jackson, 2010AP351-CR, District 1, 12/14/10 court of appeals decision (3-judge, not recommended for publication); for Jackson: Hans P. Koesser; Jackson BiC; State Resp.; Reply Miranda – Custody Initially treated at the scene of a shooting by the police as a witness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

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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

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State v. Morris L. Harris, 2009AP2833-CR,  District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of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

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decision below: unpublished; prior On Point post; for Burris: Byron C. Lichstein Issue (from Table of Pending Cases): Was the trial court’s supplemental jury instruction that was issued in response to a question from the jury and that quoted verbatim from a Supreme Court opinion an impermissibly misleading instruction under the standards established by State v… Read more

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State v. Richard Martin Kubat, 2010AP509-CR, District 3, 9/21/10 court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp. Battery – Self-Defense – Sufficiency of Evidence A verbal confrontation between truckers at a truck stop eventuated in Belcher disabling Kubat’s truck and inviting Kubat to get his punk ass out… Read more

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State v. Patrick M. Zurkowski, No. 2009AP929-CR, District III, 6/22/10 court of appeals decision (3-judge, not recommended for publication); for Zurkowski: Michael J. Fairchild; BiC; Resp. 1st-Degree Intentional Homicide – Sufficient Evidence, Intent ¶13      That Zurkowski killed June through a combination of repeated blows and cutting her tongue with a ceramic object he crammed in her… Read more

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State v. Carl Ralph Eichorn, 2010 WI App 70; for Eichorn: Melissa Fitzsimmons, SPD, Milwaukee Appellate; BiC; Resp.; Reply Evidence was sufficient to support stalking conviction, though the requisite “course of conduct” occurred over short span of time: ¶9     In sum, there is more than sufficient evidence under our standard of review to… Read more

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