State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim. The 2nd element requires that the defendant know that his vehicle was… Read more
2. Elements
Winnebago County v. Rahb J. Kettleson, 2012AP2230, District 2, 5/29/13; court of appeals decision (1-judge; ineligible for publication); case activity The testimony of a citizen-witness–that a car operated by Kettleson “was probably going about 65 to 68[,]” came within five or ten feet of the rear of his vehicle before passing him, made at least… Read more
State v. Ross M. Brandt, 2009 WI App 115 For Brandt: John M. Yackel Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony. Obviously, this result is going to make life more difficult for hit-run representation, for the obvious… Read more
State v. Michael G. Mertes, 2008 WI App 179, PFR filed 12/17/08 For Mertes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue: Whether finding the sleeping occupant of a vehicle parked at a gas station, with engine off but key in the ignition, along with other factors sufficiently proved the OWI element of “operating.” Holding: ¶13 Wisconsin Stat. § 346.63(3)(b)… Read more
State v. Thomas P. Tecza, 2008 WI App 79, PFR filed 5/22/08 For Tecza: Timothy P. Swatek Issue: Whether a roadway within a gated community entry to which is guarded by a security station is “held out to the public for use of their motor vehicles” so as to support drunk driving conviction within § 346.61. Holding… Read more
State v. Aprylann Wuteska, 2007 WI App 157, PFR filed 6/14/07 For Wuteska: Mark H. Bennett Issue/Holding: The plain text of § 346.67(1)(a) requires the operator of a vehicle involved in an accident resulting in injury to a person or damage to a vehicle to identify him or herself as the operator: ¶13 Applying these principles, we… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue/Holding: The definition of “highway” for purposes of the hit-and-run statute, § 346.67(1), is found in § 340.01(22), ¶ n. 3… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue: Whether hit-and-run liability attaches to an accident occurring on private property. Holding: ¶13 In this case, as already noted, we are concerned with the meaning of “accident” in Wis. Stat. § 346.67(1) in conjunction with the requirement of “upon the highway”… Read more
