J. Ch. 948: Against children

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State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional because it doesn’t require proof of knowledge of the age of the person to whom harmful materials are displayed (minority being the sole differentiating factor between noncriminal/protected and criminal conduct… Read more

State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: ¶58. Applying these standards, we agree with the court of appeals that the 28 counts to which Multaler pled were not identical in fact. Although some of the downloaded image files… 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

State v. William G. Johnson, 2001 WI 52, 243 Wis. 2d 365, 627 N.W.2d 455 For Johnson: Martha K. Askins, SPD, Madison Appellate Issue: Whether § 948.025 (repeated sexual assault of a child) violates the rights to due process and unanimous verdict by not requiring unanimity that each predicate act occurred. Holding: Unanimity is required on the… Read more

State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether charges of completed and attempted sexual assault of the same victim were multiplicitous. Holding: ¶34. The nature of the two acts was different because the attempted sexual assault was foiled by the victim’s resistance. There was some… Read more

State v. Timothy P. Koenck, 2001 WI App 93, 242 Wis. 2d 693, 626 N.W.2d 359 For Koenck: Lew Wasserman Issue: “(W)hether in a prosecution under § 948.07 the charges must be dismissed because the State cannot prove that the victim had not attained the age of eighteen [because the ‘victim’ is fictitious].” ¶7. Holding… Read more