court of appeals decision (1-judge; not for publication); for Heindl: Lisa A. McDougal; BiC; Resp.; Reply Jury Instructions – Self-Defense Trial for battery, which the State theorized occurred when Heindl put Lien in a headlock from behind. Heindl himself suffered scratches and swelling about an eye, but was seriously drunk and had difficulty giving a… Read more
A. Statutory defenses
court of appeals decision (3-judge; not recommended for publication); for Lonski: Basil M. Loeb; BiC; Resp. Self-Defense Lonski’s claim of self-defense (that she was protecting herself from “unlawful” use of force by a uniformed officer) was rejected as not credible by the trial court in a bench trial, and that credibility determination wasn’t clearly erroneous… Read more
State v. Jason L. McClaren, 2009 WI 60, reversing 2008 WI App 118 For McClaren: Michael C. Witt Issue/Holding: ¶21 It is well established that a defendant seeking to support a self-defense claim may attempt to “prov[e] prior specific instances of violence within [the defendant’s] knowledge at the time of the incident.” State v. Wenger… Read more
State v. Jason L. McClaren, 2009 WI 60, reversing 2008 WI App 118 For McClaren: Michael C. Witt Issue/Holding: ¶21 It is well established that a defendant seeking to support a self-defense claim may attempt to “prov[e] prior specific instances of violence within [the defendant’s] knowledge at the time of the incident.” State v. Wenger, 225 Wis. 2d… Read more
State v. Julio C. Bautista, 2009 WI App 100, PFR filed 7/16/09 For Bautista: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Section 961.45 bars successive drug prosecutions by dual sovereignties premised on the “same act” (or “conduct”), State v. Colleen E. Hansen, 2001 WI 53. Although broader than the Blockburger “elements-only” test, this “same-conduct” test does not bar… Read more
State v. Jason L. McClaren, 2009 WI 60, reversing 2008 WI App 118 For McClaren: Michael C. Witt Issue/Holding: A trial court has inherent and statutory authority (§ 906.11) to order that a defendant provide a pretrial summary of the specific “McMorris” evidence (violent acts of the alleged victim the defendant knew about, as relevant… Read more
State v. Bruce Duncan MacArthur, 2008 WI 72, on Certification For MacArthur: Alex Flynn Amicus: Robert R. Henak Issue/Holding: ¶50 Our approach to tolling is guided by United States v. Florez, a Second Circuit Court of Appeals opinion that articulated the requisite burden of proof and standard of review for the federal tolling provision. Florez, 447 F.3d at… Read more
State v. Kenneth W. Lippold, 2008 WI App 130, PFR filed 8/18/08 For Lippold: Thomas J. Nitschke Issue/Holding: On a charge of receiving stolen property, venue may rest in the county where the underlying theft occurred (and, provable by circumstantial rather than direct evidence): ¶16 Extrapolating from the holding in Swinson, we conclude that because… Read more
