State v. Dale H. Chu, 2002 WI App, PFR filed 4/23/02 For Chu: Andrew Shaw Issue/Holding: Evidence held sufficient, despite disagreement of experts on how fire was started; the jury was required to determine whether defendant intentionally started the fire, not specifically how it was set. ¶44 Chu may instead be arguing that the verdicts… Read more
F. Ch. 943: Against property
State v. Todd W. Timblin, 2002 WI App 304 For Timblin: Alex Flynn Issue: Whether agency necessarily becomes an element of theft by fraud, § 943.20(1)(d), when the defendant obtains the property through an intermediary. Holding: The intermediary must actually be an agent before an agency relationship is necessary to state’s proof. Where, as here… Read more
State v. Eileen M. Entringer, 2001 WI App 157 For Entringer: William E. Schmaal, SPD, Madison Appellate Issue: Whether, for purposes of the forgery statute, a person can falsely make a postal order by writing in the name of someone else as the payer. Holding: Because forgery applies only to falsehoods that materially affect the… Read more
State v. Jason J. Trawitzki, 2001 WI 77, 244 Wis. 2d 523, 628 N.W.2d 801, affirming State v. Trawitzki, 2000 WI App 205, 238 Wis. 2d 795, 618 N.W.2d 884 For Trawitzki: Donald T. Lang, SPD, Madison Appellate Issue: Whether multiple charges of theft of firearms taken at the same time, and multiple charges of concealing those… Read more
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether § 943.201(2) creates a continuing offense such that, as applied to Ramirez, it did not violate the ex post facto clause even though the statute was promulgated after he commenced the activity that formed the basis for… Read more
State v. Earl Steele III, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595 For Steele: Timothy J. Gaskell Issue: Whether felon in possession of firearm may be the underlying felony to burglary (entry with intent to commit felony), § 943.10(1)(a), when the defendant-felon was already in possession of the firearm before entry… Read more
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether the evidence was sufficient to support conviction for burglary/theft. Holding: Evidence that defendant’s fingerprint was found on the “dock station” from which a lap-top was stolen from an office that sold only… Read more
State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376 For Semrau: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the commission of felony bail jumping, by entering the complainant’s home in violation of bond conditions, supports burglary-entry of dwelling with intent to commit felony. Holding: The underlying felony… Read more
