State v. John S. Provo, 2004 WI App 97, PFR filed 5/7/04 For Provo: William H. Gergen Issue/Holding: “… We hold that § 948.07 requires only that the defendant cause the child to go into any vehicle, building, room, or secluded place with the intent to engage in illicit conduct, but not that the child… Read more
J. Ch. 948: Against children
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. James F. Brienzo, 2003 WI App 203, PFR filed 10/10/03 For Brienzo: Jerome F. Buting Issue: Whether attempted sexual assault of a child (by intercourse), § 948.02(2), is a crime known to law, in that the offense lacks an intent element and any crime of intent, § 939.32, requires specific intent for the completed act… Read more
State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03 For Forster: Martha K. Askins, SPD, Madison Appellate Issue: Whether designation of “breast,” in § 939.22(19), applies to males as well females, so that touching of a male breast may constitute sexual assault. Holding: The statute plainly applies to the “intimate parts,” including “chest,” “of a… Read more
State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03 For Forster: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The male victim’s testimony that the defendant “rubbed his nipple in a circular motion, while kissing [his] neck, for approximately twenty-five minutes,” established that the defendant touched an intimate part (chest) with illicit intent. ¶¶19-20… Read more
State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03 For Cooper: John A. Birdsall Issue: Whether the trial court properly remedied violation of § 948.025(3) (impermissible to charge in same action both repeated-acts and individual acts of sexual assault involving same victim in same time period) by dismissing the repeated-acts charge instead… Read more
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The specifically prohibited “purpose” of sexual contact (i.e., sexual degradation, humiliation, arousal, or gratification) is not listed in § 948.02(2), but is nonetheless defined in § 948.01(5) as an element. ¶9 and id., n. 4, following State… Read more
