State v. Andrew C. Holder, 2011 WI App 116 (recommended for publication); for Holder: Edward D. Burke, Jr.; case activity Although the penalty enhancement scheme generally allows increased penalty for each prior OWI conviction, § 346.65(2)(am)5. provides that “convictions arising out of the same incident or occurrence shall be counted as one.” Nonetheless, Burke’s driving under the influence across the Michigan… Read more
9. Crimes
State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a… Read more
State v. Juan I. C., 2010AP3114, District 4, 7/21/11 court of appeals decision (1-judge, not for publication); for Juan I.C.: Susan E. Alesia, SPD, Madison Appellate; case activity Credibility determination made by trial judge supported delinquency adjudication for theft of iPod that Juan borrowed but failed to return. ¶11 On the disputed issue of whether Juan… Read more
State v. Esteban M. Gonzalez, 2011 WI 63, reversing, 2010 WI App 104; for Gonzalez: Frank J. Schiro, Kristin Anne Hodorowski; case activity Gonzalez has shown a reasonable likelihood that the jury instructions relived the State of its burden to prove the element that he knowingly exhibited harmful material to a child. The facts are essentially… Read more
State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11 court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his… Read more
State v. James Thomas Morton, 2010AP2041-CR, District 1, 6/28/11 court of appeals decision (not recommended for publication); for Morton: Carl W. Chessir; case activity Evidence that Morton told an undercover officer to put her money on the kitchen table, and that “what you came for is right here,” supported conviction for delivery of the controlled substance the… Read more
State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were… Read more
State v. Rodney A. Larson, 2011 WI App 106 (recommended for publication); for Larson: Chris Gramstrup; case activity Prosecution for attempt rather than completed crime, §939.32, comes within the general limitation period in § 939.74(1). Therefore, although prosecution for homicide may be commenced at any time, § 939.74(2)(a), Larson’s prosecution for attempted first-degree intentional homicide had to be… Read more
