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
H. Ch. 946: Against gov’t/admin
State v. David A. Dearborn, 2008 WI App 131, affirmed, 2010 WI 84, ¶2 n. 3 For Dearborn: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Unanimity is not required on whether the defendant “resisted” or “obstructed” a warden on a charge of violating § 29.951, ¶¶21-42. All the rest is commentary. (Translated: the court undertakes a… Read more
State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Jury instructions on the elements of duty and intent under § 946.12(3) created mandatory conclusive presumptions: ¶10 Schultz contends that the following… 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. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Refusal to obey an officer’s command to halt reinforces extant reasonable suspicion to stop the individual: ¶73 Officer Alfredson testified that after he ordered Young to return to the car the first time, Young “turned and started walking… Read more
State v. Anna Annina, 2006 WI App 202 For Van Hout: Robert R. Henak Issue/Holding: Although police entry into the defendant’s house was pursuant to a search warrant later declared to be invalid, the defendant’s acts in response to that entry amounted to disorderly conduct which did allow for an arrest under lawful police authority; defendant… Read more
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: By fleeing from a police command to stop, the defendant provided probable cause to arrest for obstructing, and the officer therefore was acting with “lawful authority” under § 946.41(1), ¶¶77-78. Also see U.S. v. Muhammad, 2nd Cir… Read more
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Refusal to obey an officer’s command to halt reinforces extant reasonable suspicion to stop the individual: ¶73 Officer Alfredson testified that after he ordered Young to return to the car the first time, Young “turned and started walking… Read more
