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9. Crimes

State v. Kerry A. Siekierzynski, 2015AP2350-CR, District 3, 9/7/16 (one-judge decision; ineligible for publication); case activity (including briefs) Siekierzynski’s acts during an angry, emotional confrontation with his ex-wife over child visitation were enough to support the guilty verdict for disorderly conduct. A.B., Siekierzynski’s ex-wife, testified that during an argument over visitation he “was getting into her… Read more

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State v. Anthony Darnell Davis, 2016 WI App 73; case activity (including briefs) Davis argued that he could not be convicted of recklessly causing “great bodily harm” to a child where the injuries he inflicted were bone fractures which, by statute, qualify as only “substantial bodily harm.” See Wis. Stat. § 939.22(38). The court of appeals… Read more

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Findings of fact doom challenge to refusal

State v. S.G./Waukesha County v. S.G., 2015AP2138 & 2015AP2139, District 2, 8/24/16 (one-judge decision; ineligible for publication); case activity (including briefs) S.G. challenges the revocation of her driver’s license for refusal, arguing the arresting officer didn’t sufficiently convey the implied consent warnings to her. She also challenges the sufficiency of the evidence for her OWI… Read more

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State v. Ginger M. Breitzman, 2015AP1610-CR, District 1, 8/16/16 (not recommended for publication), petition for review granted 3/13/2017; case activity (including briefs) The court of appeals rebuffs Breitzman’s arguments that there was insufficient evidence to convict her of child neglect and disorderly conduct and that her trial lawyer was ineffective. Sufficiency of the evidence The… Read more

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Village of Bayside v. Amber E. Schoeller, 2016AP256 & 2016AP257, District 1, 8/9/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court’s factual findings—which Schoeller doesn’t argue are clearly erroneous—doom her claims that the officer didn’t have probable cause to arrest her and that the evidence isn’t sufficient to prove she’s guilty of… Read more

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State v. Markus S. Holcomb, 2016 WI App 70; case activity (including briefs) “While sentence diagramming may be the bane of fifth graders everywhere, it is the trick of the trade in statutory construction.” Slip op. ¶9. “Punctuation too is important. . . . It can be the difference between ‘Let’s eat, Grandma!’ and ‘Let’s… Read more

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State v. Adam M. Blackman, 2016 WI App 69; petition for review granted 6/15/16, reversed, 2017 WI 77; case activity (including briefs) A recent amendment to Wisconsin’s implied consent law authorizes law enforcement to request a blood, breath, or urine sample from a driver involved in an accident that causes death or great bodily harm even if… Read more

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Kenosha County v. Robert P. Adams, 2015AP2184, District 2, 7/27/16 (one-judge decision; ineligible for publication); case activity (including briefs) Based on evidence adduced at trial, the roadways at Camp Sol R. Crown were “premises held out to the public for use of their motor vehicles” under § 346.61 and the cases interpreting that statute, in particular… Read more

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