State v. Tony Nollie, 2002 WI 4, on certification For Nollie: Erich Straub Issue: Whether defendant was entitled to assert the privilege of self-defense to the charge of carrying concealed weapon. Holding: ¶24. To argue self-defense, Nollie’s offer of proof must indicate that he had an actual and reasonable belief of actual or imminent unlawful… Read more
E. Chapter 941: Against public
State v. Adam S. Gonzales, 2002 WI 59, on certification For Gonzales: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the crime of carrying a concealed weapon, § 941.23, is constitutional in light of Article I, Section 25 of the Wisconsin Constitution, which creates a right to keep and bear arms. Holding: Because the crime was… Read more
State v. Russell L. Dibble, 2002 WI App 219, PFR filed 8/14/02 For Dibble: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: First-degree recklessly endangering safety, § 941.30(1), is not a lesser included offense of aggravated battery, § 940.19(5), under the “elements-only” test. Aggravated battery requires intent (to cause great bodily harm); endangering safety requires recklessness (while showing utter disregard for human life)… Read more
State v. Alan C. Campbell, 2002 WI App 20, PFR filed 1/16/02 For Campbell: Alexander D. Cossi Issue: Whether Campbell’s conviction for forgery in another state is regarded as a felony for purposes of felon in possession, § 941.29. Holding: ¶6. We agree with Campbell that the Ohio forgery statute is broader than Wisconsin’s, and… Read more
State v. Tyren E. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363 For Black: Michael S. Holzman Issue: Whether the defendant’s admission of “handling” a gun established the element of “possesses” a firearm under § 941.29(2), for purposes of establishing a guilty plea factual basis. Holding: ¶19 At the outset, we note… Read more
State v. John V. Dundon, 226 Wis.2d 654, 594 N.W.2d 780 (1999), on certification For Dundon: William S. Coleman, SPD, Milwaukee Appellate. Holding: ¶36 In Coleman, we recognized that “a narrow defense of privilege under Wis. Stat. § 939.45(6) exists to a charge of felon in possession of a firearm.” Coleman, 206 Wis. 2d at 210. The… Read more
