State v. Adrian Castaneda, 2012AP1596-CR, District 1, 8/13/13; court of appeals decision (not recommended for publication); case activity Sufficiency of evidence to support felony bail jumping conviction The state and the defense stipulated to the fact that Castaneda had been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
H. Ch. 946: Against gov’t/admin
State v. Mark A. Gierczak, 2012AP965-CR, District 4, 12/13/12 court of appeals decision (1 judge; ineligible for publication); case activity For purposes of obstructing an officer § 946.41, “officer” includes someone with authority “to take another into custody,” and therefore includes a correctional officer at a county jail, ¶¶11-12. The court of appeals thus rejects Gierczak’s challenge to the factual… Read more
State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12 court of appeals decision (1-judge, not for publication); case activity Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop. ¶10 This court has previously held that a tip shows sufficient indicia of reliability to justify an… Read more
State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were… Read more
State v. Jenny L. Nowak, 2010AP1499-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity Warrantless entry into Nowak’s garage was justified under hot pursuit doctrine, given “probable cause to believe Nowak committed a jailable offense—specifically, resisting by failure to stop,” § 346.17(2t) (punishable by 9 months imprisonment), ¶15… Read more
State v. Isaac Hughes, Sr., 2011 WI App 87 (recommended for publication); for Hughes: Benbow P. Cheesman, Jr.; case activity Conviction for escape, § 946.42(3), may be sustained even if the jury never actually saw the judgment of conviction that landed the defendant in custody. ¶12 We agree with the trial court that, when considered… Read more
State v. Robert Lyle Lawver, Jr., 2010AP382-CR, District 4, 5/5/11 court of appeals decision (1-judge, not for publication); for Lawver: Cole Daniel Ruby; case activity Conviction for disorderly conduct upheld on following facts: ¶9 The pertinent facts include the following. Lawver was walking at night down an unlit highway, traveling with traffic, so that he… Read more
State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor… Read more
