Village of Menomonee Falls v. Jesse Schaefer, 2010AP2485, District 2, 5/18/11 court of appeals decision (1-judge, not for publication); for Schaefer: James A. Gramling, Jr.; case activity ¶4 As a threshold matter, we address the Village’s contention that the municipal court lacked competency to proceed on Schaefer’s Wis. Stat. § 806.07 motion to reopen. Whether a court… Read more
9. Crimes
State v. William J. Zarda, 2011AP386-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Zarda: Ricky Cveykus; case activity Under settled authority, the disorderly conduct statute, § 947.01, is neither overbroad (¶5, citing State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725); nor vague (¶6, citing State v. Zwicker, 41… Read more
State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity OWI – Repeater – Proof, Prior “Conviction” Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d). ¶9 When Wisconsin’s driving laws provide for the enhancement of penalties for a current… Read more
State v. Isaac Hughes, Sr., 2011 WI App 87 (recommended for publication); for Hughes: Benbow P. Cheesman, Jr.; case activity Conviction for escape, § 946.42(3), may be sustained even if the jury never actually saw the judgment of conviction that landed the defendant in custody. ¶12 We agree with the trial court that, when considered… Read more
State v. Donovan M. Burris, 2011 WI 32, reversing unpublished decision; for Burris: Byron C. Lichstein; case activity Utter Disregard for Life – After-the-Fact Conduct ¶7 We conclude that, in an utter disregard analysis, a defendant’s conduct is not, as a matter of law, assigned more or less weight whether the conduct occurred before, during, or… Read more
State v. Robert Lyle Lawver, Jr., 2010AP382-CR, District 4, 5/5/11 court of appeals decision (1-judge, not for publication); for Lawver: Cole Daniel Ruby; case activity Conviction for disorderly conduct upheld on following facts: ¶9 The pertinent facts include the following. Lawver was walking at night down an unlit highway, traveling with traffic, so that he… Read more
State v. Brian M. Joski, 2010AP2223-CR, District 3, 5/3/11 court of appeals decision (1-judge, not for publication); for Joski: Thomas J. Coaty; case activity A prior conviction used to enhance a new sentence may be collaterally attacked on the basis of violation of right to counsel, in other words, that the defendant didn’t validly waive counsel within… Read more
State v. Eliseo Peralta, 2011 WI App 81(recommended for publication); for Peralta: Martin J. Pruhs; case activity Conspiracy, § 939.31 – “Overt Act” The “overt act” element of conspiracy, though it must go “beyond mere planning and agreement,” may be “virtually any act,” even if “insignificant,” ¶¶19-21. Thus, Peralta’s “communication to an undercover police detective… Read more
