court of appeals decision (3-judge; not recommended for publication); for Evans: George Tauscheck; BiC: Resp.; Reply Testimony from 4 (of a total of 9) false imprisonment victims wasn’t necessary to sustain the convictions on those counts: … (A) reasonable jury could have determined beyond a reasonable doubt from circumstantial evidence that Nathan B., Nicholas B… Read more
D. Ch. 940: Against life/body
decision below: 2009 WI App 143; for Conner: Steven J. House Issues: What degree of specificity is required in charging dates of allege conduct in a criminal information to satisfy the accused’s constitutional due process rights of notice of the charged offenses? Does Wis. Stat. § 940.32(2m)(b) require that the state prove that a “course… Read more
decision below: 2009 WI App 161; for Patterson: David R. Karpe Issues: Is contributing to the delinquency of a child resulting in death a lesser-included offense of first-degree reckless homicide under Wis. Stat. § 939.66(2)? Can one contribute to the delinquency of a 17-year-old individual when such individuals are no longer subject to juvenile delinquency… Read more
court of appeals decision (not recommended for publication), reversed, 2011 WI 32; for Burris: Byron C. Lichstein; BiC; Resp.; Reply Answer to Jury Question – Misleading Definition of “Utter Disregard” Trial court answer to jury question misleading as to whether jury could consider post-shooting conduct as bearing on “utter disregard” element, entitling Burris to new… Read more
court of appeals decision (not recommended for publication) Kidnapping – “Held to Service against Will” “Held to service against will” element of kidnapping satisfied by “commands for information,” namely “interrogating [victim] as to where she was during the evening and who she was with,” ¶24… Read more
court of appeals decision; for Haywood: Robert E. Haney Battery to Peace Officer, § 940.20(2), Elements It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for… Read more
court of appeals decision; for Freer: Suzanne L. Hagopian Intimidation of Crime Victim, § 940.44(2), Intimidation Occurring after Complaint Filed Intimidation of a crime victim, § 940.44(2), isn’t restricted to conduct occurring before the victim reports the crime to the police but, rather, covers conduct after the complaint has been filed: ¶24 In light of… Read more
Waiver of Escalona argument; claim of self-defense where crime includes “utter disregard of life” element Click here for court of appeals decision, PFR filed 8/3/09 (opinion originally issued 4/23, withdrawn 5/12, reissued 5/21, withdrawn 6/12, reissued 7/2. Groundhog Day? Not quite: the withdrawn opinions found that trial counsel was ineffective for not seeking a lesser… Read more
