State v. Isaiah Bowden, 2007 WI App 234 For Bowden: Jason R. Farris Issue/Holding: Conviction for interference with custody, § 948.31(2), doesn’t require that the child be within the parent’s immediate presence or control: ¶18 The State posits that the withholding method of interference focuses on permission, not being in the parent’s presence. We agree. The… Read more
4. Evidence
State v. Tyrone Booker, 2006 WI 79, reversing 2005 WI App 182 For Booker: Jeffrey W. Jensen Issue: Whether conviction under § 948.11, exposing child to harmful materials, can be sustained where the jury heard the children’s and a detective’s descriptions of the videotape but did not themselves view it. Holding: ¶25 When we view… Read more
State v. Quentrell E. Williams, 2006 WI App 212 For Williams: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Because “recklessly” causing harm to a child, § 948.03(b), is determined solely from an objective point of view, evidence related to whether the actor “subjectively thought his [disciplinary action] was reasonable parental discipline” is irrelevant, including evidence… Read more
State v. Dennis Charles Schulpius, 2006 WI App 263 For Schulpius: Bridget Boyle Issue/Holding: ¶10 … The subsection has two elements: (1) the defendant must have done something that shows that he or she had, as phrased by § 948.075(1), the “intent to have sexual contact or sexual intercourse” with someone whom he or she… Read more
State v. Jack P. Lindgren, 2004 WI App 159, PFR filed 8/20/04 For Lindgren: Stephen M. Compton Issue: Whether the evidence was sufficient, on the element of possession, to sustain conviction for possessing child pornography, where the defense expert “testified that no evidence of any child pornography had been saved on Lindgren’s computer,” ¶23. Holding… Read more
State v. Terry L. Dumler, 2003 WI 62, affirming summary order For Dumler: Todd G. Smith Issue/Holding: ¶ 1.… The central issue before this court is whether the circuit court erroneously exercised its discretion in refusing to reduce Dumler’s child support payments in light of Dumler’s incarceration and resulting change in income. Although we find… Read more
State v. Paul K. Shanks, 2002 WI App 93, PFR filed 4/11/02 For Shanks: Steven A. Koch Issue/Holding: Evidence held sufficient to support conviction for sexual assault of child, notwithstanding inconsistencies and equivocations in complainant’s testimony (court stressing that certain pretrial statements she made did implicate defendant), ¶25. Court also finds evidence sufficient on element… Read more
State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The evidence was sufficient to establish the intent element, and therefore to support conviction, for contributing to delinquency of a minor, § 948.40(1): “The jury reasonably could infer from the evidence that Williams was aware that his participation… Read more
