State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the evidence was sufficient under § 125.075(1) to show that the defendant had the underage victim had consumed alcohol provided by the defendant at a party for which the defendant supplied beer and sold red cups… Read more
M. Other crimes
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶31 … The State was under no obligation to establish the level of alcohol in Meshak’s blood at the time of the accident, or even to prove that he was intoxicated to the degree required for… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶24 Wille claims the trial court erred in instructing jurors that, to find Wille guilty of the charged crime, Meshak’s consumption of alcohol provided by Wille was required to be “a” substantial factor in causing Meshak’s… Read more
State v. Mark E. Nelson, 2006 WI App 124, PFR filed 6/22/06 For Nelson: Robert R. Henak; Amelia L. Bizzaro Issue: Whether the phrase “reasonable expectation of privacy” in § 942.09 is unconstitutionally vague, where the conduct involved videotaping women in a second-floor bathroom in their own house. Holding: ¶39 However, this court and the supreme court… Read more
State v. Mark E. Nelson, 2006 WI App 124, PFR filed 6/22/06 For Nelson: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: ¶19 The phrase “reasonable expectation of privacy” is not defined in Wis. Stat. § 942.09, nor are the individual words. However, the words “expectation of privacy” have a common meaning that can be ascertained with reference… Read more
State v. Mark E. Nelson, 2006 WI App 124, PFR filed 6/22/06 For Nelson: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: The evidence was sufficient to sustain conviction under § 942.09 for videotaping into a bathroom notwithstanding that the window was open, under the following circumstances: ¶53 Applying this standard, we conclude the evidence was sufficient for… Read more
State v. Gwendolyn McGee, 2005 WI App 97 For McGee: Amelia L. Bizarro Issue/Holding: The disobedient-child defense to a compulsory-attendance charge is an affirmative defense issue to be presented to the fact-finder at trial for resolution (as opposed to disposition by pretrial motion)… Read more
Stephen Dye v. Frank, 355 F.3d 1102 (7th Cir 2004) For Dye: Christopher M. Bailey Issue/Holding: To determine whether a civil penalty is so punitive that it is should be characterized as criminal punishment, we must consider the factors listed by the Supreme Court in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), and reaffirmed in Hudson… Read more
