State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply ¶1 … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”… Read more
M. Other crimes
State v. James W. Smith, 2010 WI 16, affirming 2009 WI App 16; for Smith: Shelley M. Fite, SPD, Madison Appellate The § 301.45 reporting requirement applicable to any violation of false imprisonment of a minor not the defendant’s child is rationally related to a legitimate government interest in protecting the public, particularly children, ¶¶27-36. Keep… Read more
State v. Mark T. Jahnke, 2009 WI App 4 For Jahnke: Harold L. Harlowe; Michael J. Herbert Issue/Holding: Secretly videotaping another without consent, though that person knowingly exposes herself nude to the video taper, supports criminal liability: ¶6 Jahnke contends that the facts do not support the third element, the expectation of privacy element. He reasons… Read more
State v. Mark T. Jahnke, 2009 WI App 4 For Jahnke: Harold L. Harlowe; Michael J. Herbert Issue/Holding: ¶5 Jahnke entered a plea to the recording crime defined in Wis. Stat. § 942.09(2)(am)1. That crime has four elements: (1) the defendant recorded a person in the nude;(2) the recording is without the nude person’s knowledge and… Read more
State v. David A. Dearborn, 2008 WI App 131, affirmed, 2010 WI 84, ¶2 n. 3 For Dearborn: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Unanimity is not required on whether the defendant “resisted” or “obstructed” a warden on a charge of violating § 29.951, ¶¶21-42. All the rest is commentary. (Translated: the court undertakes a… Read more
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue/Holding: ¶29 The State was required to prove three elements beyond a reasonable doubt to convict LaCount of securities fraud. First, the prosecution had to establish that LaCount sold Wills a security, here, an investment contract. Wis. Stat. §… Read more
State v. Kevin F. McGuire, 2007 WI App 139, PFR filed 6/4/07 For McGuire: Timothy A. Provis Issue: Whether a promissory note is a “security” within the meaning of § 551.02(13(a). Holding: The 4-factor test of In Reves v. Ernst & Young, 494 U.S. 56, 66-67 (1990) applies: “1) the motivations of a reasonable seller… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the scienter element of § 125.075(1) requires proof that the defendant know that a particular individual is under the legal drinking age. Holding: ¶11 Wille makes much of the fact that Wis. Stat. § 125.075(1) refers several times to… Read more
