Daniel Doubek v. Joshua Kaul, 2022 WI 31, 5/20/22, on certification from the court of appeals; case activity (including briefs) A person convicted of a “misdemeanor crime of domestic violence” as defined under federal law, 18 U.S.C. § 921(a)(33)(A), is barred from possessing a gun under federal law and, therefore, from getting a license to… Read more
2. Elements
State v. D.A.M., 2020AP821, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity The evidence at D.A.M.’s trial was sufficient to show his conduct constituted a terrorist threat under § 947.019. D.A.M. was not supposed to be on the premises of Bradford High School, so when he appeared on school property J.S., the dean… Read more
State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs) Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions. Insufficient evidence Barwick argues there was insufficient evidence to convict… Read more
State v. James C. Faustmann, 2017AP1932-CR, District 2, 3/7/18 (one-judge decision; ineligible for publication); case activity (including briefs) Under the test for lesser included offenses under § 939.66(1), disorderly conduct in violation of § 947.01(1) isn’t a lesser-included offense of unlawful use of a computerized communication system in violation of § 947.0125(2)(a). ¶4 The elements of… Read more
City of New Richmond v. Warren Wayne Slocum, 2016AP1887, District 3, 10/11/17 (one-judge decision; ineligible for publication); case activity (including briefs) Slocum unsuccessfully challenges the sufficiency of the evidence used to find he violated a New Richmond municipal ordinance, § 50.88(a)(1), which tracks § 947.01(1). Slocum claims he was engaged in the orderly service of legal process on… Read more
State v. Kerry A. Siekierzynski, 2015AP2350-CR, District 3, 9/7/16 (one-judge decision; ineligible for publication); case activity (including briefs) Siekierzynski’s acts during an angry, emotional confrontation with his ex-wife over child visitation were enough to support the guilty verdict for disorderly conduct. A.B., Siekierzynski’s ex-wife, testified that during an argument over visitation he “was getting into her… Read more
Robert W. Evans, Jr., v. Wisconsin Dep’t of Justice, 2014 WI App 31, overruled by Doubek v. Kaul, 2022 WI 31; case activity A conviction for disorderly conduct under § 947.01 may qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A), thus depriving the defendant of the right to possess a firearm. Evans’s… Read more
State v. Glenn F. Schwebke, 2002 WI 55, affirming 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213 For Schwebke: Keith A. Findley, UW Law School Issue: Whether private, anonymous mailings to several individuals may support prosecution for disorderly conduct. Holding: ¶26… (T)he plain language of the statute does not specifically require a ‘public’ disturbance. Instead… Read more
