Kansas v. Garcia, USSC No. 17-384, 2020 WL 1016170, 3/3/20, reversing and remanding State v. Garcia, 401 P.3d 588 (Kan. 2017); Scotusblog page (including links to briefs and commentary) In a five-to-four vote, the Supreme Court has upheld Kansas’s prosecution of noncitizens who used stolen social security numbers to gain employment. The Kansas Supreme Court… Read more
d. ID theft
State v. Christopher A. Mason, 2018 WI App 57; case activity (including briefs) Applying its newly minted decision in State v. Stewart, 2018 WI App 41, the court of appeals holds that the “representing” element of identity theft under § 943.201 can be proven with the same evidence that proves the defendant “used” the identifying… Read more
State v. Theoris Raphel Stewart, 2018 WI App 41; case activity (including briefs) Facing sentencing for failure to pay child support, Stewart forged some documents to support his argument for probation rather than a prison sentence. For his trouble he was charged with and convicted of identity theft under § 943.203(2). The court of appeals rejects his… Read more
State v. James E. Gray, 2017AP452-CR, 6/6/18, District 2, (not recommended for publication); case activity (including briefs) The court of appeals here affirms several trial court evidentiary decisions and holds that the State presented sufficient evidence to support convictions for 5 counts of identity theft. As you might guess, the decision hinges on the harmless… Read more
State v. Fernando Moreno-Acosta, 2014 WI App 122; case activity While § 943.201(2) requires the state to prove the defendant used personal identifying information belonging to an actual person, it need not prove that the defendant knew the information belonged to another “real, actual person.” Moreno-Acosta was accused of identity theft for using Kimberly Herriage’s social security number to… Read more
