State v. Sean T. Powell, 2012 WI App 33 (recommended for publication); for Powell: Richard L. Kaiser; case activity Conviction for CCW, § 941.23, requires proof of a “dangerous weapon,” which is in turn defined under § 939.22(10) to include “any firearm.” The pattern instruction, Wis JI-Criminal 910 embellishes the definition: “A firearm is a weapon… Read more
E. Chapter 941: Against public
State v. Tiffany Michelle Flowers, 2011AP1757-CR, District 1, 12/13/11 court of appeals decision (1-judge, not for publication); for Flowers: Daniel A. Necci; case activity Conviction for carrying a concealed weapon (gun in a purse, in a car), § 941.23, upheld against second amendment challenge to facial validity. Court rejects strict scrutiny test. (The statute was amended… Read more
State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11 court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to… Read more
State v. Kerry J. Collins, 2010AP788-CR, District 1, 3/8/11 court of appeals decision (1-judge, not for publication); for Collins: Gary Grass; case activity Evidence held sufficient to sustain conviction under § 941.10, court rejecting Collins’ argument that State failed to prove he was the person who set off flare in City Hall bathroom. Whatever weaknesses and discrepancies… Read more
State v. Jeremy D. Pinnow, Milwaukee Co. Circ. Ct. No. 2010CM1978, 2/11/11 circuit court decision; case activity Carrying concealed weapon charge dismissed, under as-applied (state) constitutional challenge, Art. I § 25. Pinnow had a cased, unloaded gun underneath the seat of his car, had himself been the recent victim of an armed robbery, believed with reason… Read more
State v. Dennis C. Strong, 2011 WI App 43; for Strong: Steven D. Grunder, SPD, Madison Appellate; case activity Evidence that Strong possessed pails filled with methyl ethyl ketone (i.e., acetone, or paint thinner), with bare electrical wires running through the pails and attached to a wall outlets, held sufficient to establish guilt for possessing… Read more
State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10 Clark County circuit court decision; for Schultz: William Poss, SPD Trial, Black River Falls The complaint in this matter alleges that on June 10, 2010, the defendant was carrying a concealed weapon, a knife in the waistband of his pants which was covered by… Read more
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read more
