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
J. Ch. 948: Against children
State v. Thomas A. Nommensen, 2007 WI App 224 For Nommensen: Anthony L. O’Malley Issue/Holding: Although charges of repeated sexual assault, § 948.025(1) were the same in law, they were different in fact because they : ¶8 Charged offenses are not multiplicitous if the facts are either separate in time or of a significantly different… Read more
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. David R. Kaster, 2006 WI App 72, PFR filed 4/26/06; prior appeal: 2003 WI App 105 For Kaster: Robert R. Henak Issue/Holding: Kaster’s prior appeal held that school staff need not be under contract for purposes of § 948.095; providing voluntary services at the time of the alleged assault suffices. This prior holding… Read more
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶37 For Campbell to be convicted of interfering with custody of Cody, the State had to prove five elements: (1) Cody was younger than 18 years; (2) Denise had legal custody of Cody under a court order… Read more
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: To attack a custody order as void, in defense against interference with child custody, § 948.31, “the family court would have had to lack subject matter jurisdiction or personal jurisdiction, or Campbell would have had to receive inadequate… Read more
