State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12 Fleeing, § 346.04(3) – Elements ¶4 …. In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language… Read more
9. Crimes
State v. Troy A. Keys, 2011AP550-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication); for Keys: Donna L. Hintze, SPD, Madison Appellate; case activity Evidence held insufficient to support scienter element of illegal possession of prescription drug, § 450.11(7)(h). A pill container, container 2 Citalopram pills, were found on Keys’ coffee table The court rejects… Read more
County of Ozaukee v. David W. Berend, 2011AP291, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Berend: Walter Arthur Piel, Jr.; case activity Breathalyzer test results are admissible (and presumptively accurate) in OWI and PAC proceedings if “the sample was taken within 3 hours after the event to be proved,” § 885.235(1g). Berend’s… Read more
County of Winnebago v. Matthew J. Miller, 2011AP661, District 2, 8/17/11 court of appeals decision (1-judge, not for publication); for Miller: Walter Arthur Piel, Jr.; case activity Experimental Aircraft Association Air Venture grounds were sufficiently “held out to the public,” for purposes of OWI-related liability, because the EAA granted substantial access to the public via purchased passes… Read more
State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11 court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied… Read more
State v. James R. Dobie, 2011AP399-CR, District 3, 8/9/11 court of appeals decision (1-judge, not for publication); for Dobie: Curt Fisher; case activity Evidence held sufficient to sustain DC guilty verdict, based on Dobie biting his girlfriend’s (Ronek) arm. Although Ronek testified and denied that Dobie bit her, observations of officers responding to a disturbance call supplied… Read more
State v. Richard K. Numrich, 2010AP1544-CR, District 2, 8/3/11 court of appeals decision (1-judge, not for publication); for Numrich: Chad A. Lanning; case activity Instances of prosecutorial misconduct (objecting in the jury’s presence to a line of questioning that implied the existence of inadmissible evidence; stating in closing argument that it is defense counsel’s “job… Read more
State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11 court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to… Read more
