on review of published decision; case activity Issues (composed by On Point): 1. Whether the evidence is sufficient to sustain conviction for conspiracy-theft by fraud, in that: no conspirator expressly made a false representation; and in any event, Steffes joined the conspiracy after it had already been set in motion. 2. Whether the evidence is sufficient to sustain… Read more
9. Crimes
State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12 court of appeals decision (not recommended for publication); case activity The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide. ¶28 Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a… Read more
State v. William R. Hartman, 2011AP622, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed: ¶14 Accordingly, we reject the State’s… Read more
State v. Robert B. Sonnenberg, 2012AP1025, District 2, 9/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence held sufficient to sustain Sonnenberg’s conviction for OWI-1st. He admitted that he drank some indeterminate amount of alcohol before his car had a flat tire and then drank more on the side of the road… Read more
State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read more
State v. Frederick J. Scott, 2012AP533-CR, District 3, 9/11/12 court of appeals decision (1-judge, ineligible for publication); case activity The threshold for illegal alcohol concentration is reduced from .08 to .02 for drivers who have at least 3 prior qualifying convictions. Scott had three priors, thus was subject to arrest and prosecution for driving with… Read more
State v. Lisa M. Arentz, 2011AP2307-CR / State v. Eric R. Hendricks, 2012AP243-CR, District 2, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity (Arentz; Hendricks) Criminal OWI prosecution is premised on, and a resulting sentence enhanced by, a prior civil-forfeiture OWI conviction (which does not itself require unanimous jury verdict upon proof beyond reasonable doubt). Arentz… Read more
State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a) – Test for Admissibility The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide: ¶9 When applying the some evidence… Read more
