State v. Scot A. Czarnecki, 2000 WI App 155, 237 Wis.2d 794, 615 N.W.2d 672 For Czarnecki: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether use of an assumed name in endorsing a check may subject the endorser to forgery charge. Holding: ¶7 In further support of his challenge to the sufficiency of the evidence… Read more
F. Ch. 943: Against property
State v. Richard L. Kittilstad, 231 Wis.2d 245, 603 N.W.2d 732 (1999), affirming State v. Kittilstad, 222 Wis.2d 204, 585 N.W.2d 925 (Ct. App. 1998) For Kittilstad: Richard L. Wachowski Issue: Whether threats to interfere with educational opportunity may amount to extortion under § 943.30(1). Holding: A threat to interfere with education is tantamount to… Read more
State v. Richard L. Kittilstad, 231 Wis.2d 245, 603 N.W.2d 732 (1999), affirming State v. Kittilstad, 222 Wis.2d 204, 585 N.W.2d 925 (Ct. App. 1998) For Kittilstad: Richard L. Wachowski Issue: Whether offering money in exchange for the opportunity to watch sex acts may amount to soliciting prostitution under § 944.32. Holding: The statute requires… Read more
State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether an act may satisfy the “substantial factor” test for causation element if it merely plays a prominent rather than lone role in the proscribed result. Holding: Causation is satisfied by any significant, not necessarily… Read more
State v. Keith Jones, 228 Wis.2d 593, 598 N.W.2d 259 (Ct. App. 1999) For Jones: Edward J. Hunt Holding: In the course of making their get-away, Jones’s shoplifting codefendant allegedly threatened Shogren, a pursuing guard. Notwithstanding the codefendant’s acquittal, Jones’s conviction for armed robbery is sustained against a sufficiency of evidence challenge. Here, there was… Read more
State v. David J. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999) For Gardner: Steven P. Weiss, SPD, Madison Appellate Holding: Gardner was convicted of burglary while armed, § 943.10(2), and argues that the crime requires a nexus of weapon to burglary. The argument fails, largely on authority of State v. Norris… Read more
State v. Sylvester Hughes, 218 Wis. 2d 538, 582 N.W.2d 49 (Ct. App. 1998) For Hughes: Michael H. Kopp Issue/Holding: Accordingly, precisely because persons who use wheelchairs, and those who do not, deserve equal treatment and protection under the laws prohibiting theft,9 we conclude that theft “from the person” encompasses the taking of property from… Read more
State v. Daniel T. O’Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998) For O’Shea: Jeffrey D. Knickmeier Issue/Holding: Forgery, §.943.38(2), does not require that the offender act with intent to defraud. Our first inquiry must be to the language of the statute, particularly to the language in subsection 2 that refers to… Read more
