B. Chs. 343-346: Traffic offense

court of appeals decision; for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; prior post Elements, Fleeing, § 346.04(3) – Instructions – Sufficiency of Proof – Harmless Error  Issues (from Beamon’s Petition for Review): Is a jury instruction which describes the factual theory alleged to satisfy an element legally erroneous? In a criminal case, are the instructions… Read more

State v. David D. Austin, 2011AP1042, District 1, 4/10/12 court of appeals decision (1-judge, not for publication); pro se; case activity Because Austin was no longer in custody under the conviction he sought to collaterally attack pursuant to § 974.06, the court lacked jurisdiction to entertain his motion. It is not enough that he was in… Read more

State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited: ¶2        A defendant facing an enhanced sentence… Read more

State v. Heidi L. Fleischmann, 2011AP2558-CR, District 3, 3/20/12 court of appeals decision (1-judge, not for publication); for Fleischmann: Sarvan Singh; case activity The State satisfied its burden of proving that Fleischmann operation of a motor vehicle, in a parking lot adjacent to an empty business building, was on “premises held out to the public… Read more

State v. Todd M. Anderson, 2011AP1499-CR, District 2, 3/14/12 court of appeals decision (1-judge, not for publication); for Anderson: pro se; case activity Frozen Lake Winnebago is a public “premises” within § 346.61, therefore supports prosecution for operating a vehicle on the lake while intoxicated. City of Kenosha v. Phillips, 142 Wis. 2d 549, 419 N.W.2d… Read more

State v. Michael A. Imbruglia, 2011AP1373-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); for Imbruglia: Rick Ramirez; case activity In circuit court, Imbruglia successfully challenged use of a Colorado conviction as an OWI enhancer (on the ground that statute isn’t “substantially similar” to Wisconsin’s). However, after another OWI arrest the very next day… Read more

State v. Daniel H. Hanson, 2012 WI 4, affirming 2010 WI App 146; for Hanson: Robert R. Henak, Chad Lanning; case activity Fleeing, § 346.04(3) – Elements: “Willful or Wanton Disregard”  Fleeing does not require “an evil or malicious state of mind” when disregarding an officer’s signal: ¶22  In Wis. Stat. § 346.04(3), “willful” modifies “disregard.”  In that context, “willful” requires… Read more