State v. Anna Annina, 2006 WI App 202 For Annina: 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
H. Ch. 946: Against gov’t/admin
State v. Brent R. Reed, 2005 WI 53, affirming as modified 2004 WI App 98, and overruling State v. Joseph M. Espinoza, 2002 WI App 51 For Reed: David H. Weber Issue/Holding: ¶21 … Wisconsin JI——Criminal 1766A (2003) accurately sets forth the elements of obstructing an officer based on giving false information to police as follows: 1. The defendant knowingly… 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. Charles Chvala, 2004 WI App 53, affirmed, 2005 WI 30 For Chvala: James A. Olson, et. al, Lawton & Cates Holdings: Section 946.12(3), which proscribes exercising a discretionary power inconsistent with the duties of the defendant’s office (in this instance, a state legislator) is not vague. Though those “duties” aren’t identified in any… 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 ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Someone being held in connection with ch. 980 proceedings is not subject to the escape statute, § 946.42, for absconding from that custody: “¶28 … (T)here is no incorporation of Chapter 980… Read more
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor… Read more
Meriter Hospital v. Dane County, 2003 WI App 248, affirmed, 2004 WI 145 Issue: Whether issuance of an “apprehension request” for alleged parole violation, following dismissal of pending charges upon jail inmate’s transfer to a hospital for treatment, leaves the person in “custody.” Holding: … We recently decided that a person did not have criminal… Read more
