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 order of jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and therefore may not be charged with escape for leaving the… Read more
H. Ch. 946: Against gov’t/admin
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: Evidence of investor losses is relevant to a charge of racketeering, § 946.83. ¶37… 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
State v. Joseph M. Espinoza, 2002 WI App 51, subsequently overruled by State v. Brent R. Reed, 2005 WI 53 For Espinoza: Steven P. Weiss, SPD, Madison Appellate Issue: Whether a suspect’s mere denial of guilt of the crime under investigation may in and of itself establish probable cause for the separate crime of obstructing, § 946.41(1)… Read more
State v. Paul Venema, 2002 WI App 202 For Venema: Randall R. Garczynski Issue/Holding: ¶20 We reject Venema’s argument that a contract has to be in existence in order for a violation to occur under Wis. Stat. § 946.13(1)(a). Such an interpretation is undermined by the plain meaning of the statutory language. The common meaning of… Read more
State v. Deborah J. Zimmerman, 2001 WI App 238 For Zimmerman: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether someone in the custody of a probation or parole agent “is in actual custody” for purposes of the escape statute, § 946.42. Holding: ¶5. To be guilty of escape, Zimmerman must be found to be in custody… Read more
State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64 For Noble: Jeff P. Brinckman Issue: Whether the evidence was sufficient to sustain a perjury conviction. Holding: Proof of the elements of perjury — “(1) An oral statement while under oath; (2) The statement was false when made; (3) The defendant… Read more
State v. Leslie M. Haynes, 2001 WI App 266, PFR filed 11/2/01 For Haynes: Gerald F. Kuchler Issue: Whether “the arresting officer from Waukesha county was not acting in his official capacity or with lawful authority as a police officer when he asked [Haynes] to perform field sobriety tests, arrested her and transported her to a… Read more
