State v. Adrian Castaneda, 2012AP1596-CR, District 1, 8/13/13; court of appeals decision (not recommended for publication); case activity Sufficiency of evidence to support felony bail jumping conviction The state and the defense stipulated to the fact that Castaneda had been charged with a felony and agreed the jury would be told only that Castaneda had… Read more
8. Bail jumping
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply Manipulation of Adult Jurisdiction over Juvenile Offense When the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to… Read more
State v. Travis S. Dewitt, 2008 WI App 134, PFR filed 8/19/08 For Dewitt: William E. Schmaal, SPD, Madison Appellate Issue: Whether someone simultaneously held under personal recognizance and cash bonds can be guilty of bail jumping for acts committed in the jail. Holding: ¶12 … Wis. Stat. § 946.49 provides that someone who “having been released… Read more
State v. David Richard Turnpaugh, 2007 WI App 222 For Turnpaugh: David P. Geraghty, Michael Sosnay Issue/Holding: Reversal of the conviction for the crime on which the bail-jumping “was premised” also requires reversal of the bail-jumping conviction, ¶8. This isn’t to say that bail-jumping requires >conviction on the underlying offense, see, e.g., State v. Kelley L. Hauk, 2002 WI App… Read more
State v. Daniel Wyatt Henning, 2004 WI 89 For Henning: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: ¶39. In Wisconsin, bail jumping and the crime underlying a bail jumping charge are distinct and separate offenses for purposes of the Double Jeopardy Clause. State ex rel. Jacobus v. State, 208 Wis. 2d 39, 53, 559 N.W.2d 900 (1997) (citing State v. Harris… Read more
State v. Wyatt Daniel Henning, 2003 WI App 54, reversed on other grounds, 2004 WI 89 For Henning: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: ¶25. We appreciate that State v. Hauk, 2002 WI App 226, 257 Wis. 2d 579, 652 N.W.2d 393, review denied, 2002 WI 121, 257 Wis. 2d 122, 653 N.W.2d 893 (Wis. Sept. 18… Read more
State v. Kelley L. Hauk, 2002 WI App 226 For Hauk: David D. Cook Issue/Holding: State need not charge defendant with both bail jumping and underlying crime in order to obtain conviction for bail jumping (i.e., violating bond by committing crime). ¶¶14-18. ¶19 We therefore conclude that as long as there is evidence sufficient to allow a… Read more
