State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89 For Hamilton: Robert A. Ramsdell Issue/Holding: ¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action… Read more
A. Statutory defenses
State v. Jesse H. Swinson, 2003 WI App 45, PFR filed 3/24/03 For Swinson: Pamela Pepper Issue/Holding: Greater statutory double jeopardy protection afforded drug prosecution under § 961.45 than non-drug prosecution under § 939.71 doesn’t violate equal protection: ¶55. We note that while Wis. Stat. § 939.71 adheres to the dual sovereignty doctrine, Wis. Stat. § 961.45 does not. We… Read more
State v. Debra Ann Head, 2002 WI 99, reversing, 2000 WI App 275 (See summaries at Defenses — Defense of Self, and scroll down)… Read more
State v. Carroll D. Watkins, 2002 WI 101, affirming as modified 2001 WI App 103, 244 Wis. 2d 205, 628 N.W.2d 419 For Watkins: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Accident has long-existed as a defense that “excuses” homicide, and therefore is incorporated in § 939.45(6) as a privilege “for any other reason.” ¶37. It is… Read more
State v. Tony Nollie, 2002 WI 4, on certification For Nollie: Erich Straub Issue: Whether defendant was entitled to assert the privilege of self-defense to the charge of carrying concealed weapon. Holding: ¶24. To argue self-defense, Nollie’s offer of proof must indicate that he had an actual and reasonable belief of actual or imminent unlawful… Read more
State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be… Read more
State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶84. To raise the issue of perfect self-defense, a defendant must meet a reasonable objective threshold. The trial evidence must show: (1) a reasonable belief in the… Read more
State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be considered in… Read more
