State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: ¶57 Next, we address Doss’s argument that there was insufficient evidence to support her conviction under Wisconsin Statute § 943.20(1)(b). Doss correctly recites the elements the State was required to establish to obtain a conviction: that (1)… Read more
F. Ch. 943: Against property
State v. George W. Lis, Sr., 2008 WI App 82 For Lis: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶7 As relevant here, a person violates Wis. Stat. § 943.201(2) when he or she intentionally uses, attempts to use, or possesses with intent to use any personal identifying information … of an individual … (a) To… Read more
State v. George W. Lis, Sr., 2008 WI App 82 For Lis: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶1 … The key question in this appeal is whether Lis’s crimes continued after the fraudulent accounts he opened were closed. We conclude they did not. …… ¶8 In this case, Lis’s offense continued into 2003… Read more
State v. Kenneth W. Lippold, 2008 WI App 130, PFR filed 8/18/08 For Lippold: Thomas J. Nitschke Issue/Holding: On a charge of receiving stolen property, venue may rest in the county where the underlying theft occurred (and, provable by circumstantial rather than direct evidence): ¶16 Extrapolating from the holding in Swinson, we conclude that because… Read more
State v. Dale C. Ploeckelman, 2007 WI App 31 For Ploeckelman: Rand Krueger Issue/Holding: ¶17 Wisconsin Stat. § 943.20(1)(d) prohibits a type of fraud, which is addressed by both criminal and civil tort law. See State v. Timblin, 2002 WI App 304, ¶31, 259 Wis. 2d 299, 657 N.W.2d 89. While there are no common law… Read more
State v. Dale C. Ploeckelman, 2007 WI App 31 For Ploeckelman: Rand Krueger Issue/Holding: ¶18 A representation can be acts or conduct. See Stecher v. State, 168 Wis. 183, 186, 169 N.W. 287 (1918). In Kaloti Enters., Inc. v. Kellogg Sales Co., 2005 WI 111, 283 Wis. 2d 555, 699 N.W.2d 205, our supreme court… Read more
State v. Jeffrey Lorenzo Searcy, 2006 WI App 8 For Searcy: Joseph L. Sommers Issue/Holding1: ¶23 Searcy claims the only evidence linking him to the Hoffman burglary was his fingerprint on the window screen in the Hoffmans’ bedroom. He argues that the mere presence of his fingerprint, standing alone, is insufficient to connect him to… Read more
State v. Pamela L. Peters, 2003 WI 88, on certification For Peters: Terry W. Rose Issue/Holding: ¶1. This case is before the court on certification from the court of appeals on a question of first-impression regarding the scope of Wisconsin’s identity theft statute, Wis. Stat. § 943.201(1999-2000). Specifically, the question is whether a defendant who misappropriates another’s identity and… Read more
