State v. James W. Whistleman, 2001 WI App 189 For Whistleman: Michael J. Devanie Issue: Whether storage of images on a computer disk satisfies the “pictorial reproduction” element of § 948.12. Holding: ¶7 … The computer disks taken from Whistleman’s residence produce visual images on the computer screen when a person inserts the disks into… Read more
J. Ch. 948: Against children
State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, reversed, other grounds, 2002 WI 34 For Samuel: Robert R. Henak Issue: Whether the evidence was sufficient to sustain conviction for interference with child custody, § 948.31(2) and abduction, § 948.30(1)(a). Holding: ¶38 We adopt the State’s construction. So long as the defendant has had a hand… Read more
State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether distinct types of sexual assault (mouth-vagina and penis-vagina) necessarily support distinct counts. Holding: ¶59 There is another reason Koller’s second multiplicity challenge fails. This second claim is directed primarily at the relationship between Count 4… Read more
State v. Lane R. Weidner, 2000 WI 52, 235 Wis. 2d 306, 611 N.W.2d 684, on certification For Weidner: Steven D. Phillips, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional. Holding: ¶43 In sum, we determine that Wis. Stat. § 948.11(2) is unconstitutional in the context of the internet and other situations that do not involve face-to-face… Read more
State v. Joel R. Zarnke, 224 Wis.2d 116, 589 N.W.2d 370 (1999), reversing and remanding, 215 Wis.2d 71, 572 N.W.2d 491 (Ct. App. 1997) For Zarnke: Michael R. Cohen, Wachowski, Johnson & Cohen Issue/Holding: ¶ The issue before the court is whether Wis. Stat. § 948.05 prohibiting the sexual exploitation of a child violates the… Read more
State v. Suzette M. Ward, 228 Wis.2d 301, 596 N.W.2d 887 (Ct. App. 1999) For Ward: Patricia L. Arreazola Holding: The § 948.02(3) element, “person responsible for the welfare of a child,” was properly defined in jury instructions as “person employed or used by one legally responsible for the child’s welfare.” Payment, that is, isn’t… Read more
State v. David J. Lenz, 230 Wis.2d 529, 602 N.W.2d 173 (Ct. App. 1999) For Lenz: Steven D. Phillips, SPD, Madison Appellate. Issue: Whether intercepts of tax refunds can be considered payments toward support obligations. Holding: The nonsupport statute doesn’t require that payments be made “voluntarily,” and tax refund intercepts therefore count. “The intercepts are… Read more
State v. Christopher M. Clutter, 230 Wis.2d 472, 602 N.W.2d 324 (Ct. App. 1999) For Clutter: Martha K. Askins, SPD, Madison Appellate. Issue: Whether the nonsupport defense of inability to pay is viable by showing “lack of financial resources alone.” Holding: “(L)ack of financial resources alone is insufficient to demonstrate inability to pay.” Inability to… Read more
