State v. Juan M. Navarro, 2001 WI App 225 For Navarro: Joseph M. Moore, SPD Trial, Juneau Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges… Read more
A. Statutory defenses
Self-Defense – “McMorris” Acts of Prior Violence by Victim – Procedure on Determining Admisssibility
State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 626 N.W.2d 195, on certification For Hansen: Pamela Pepper Issue: “¶8 … ‘Does Wis. Stat. § 961.45 bar prosecution for the state crime of possession of cocaine with intent to deliver, where a defendant previously has been convicted, based on the same conduct, for the… Read more
State v. John V. Dundon, 226 Wis.2d 654, 594 N.W.2d 780 (1999), on certification For Dundon: William S. Coleman, SPD, Milwaukee Appellate. Holding: ¶36 In Coleman, we recognized that “a narrow defense of privilege under Wis. Stat. § 939.45(6) exists to a charge of felon in possession of a firearm.” Coleman, 206 Wis. 2d at 210. The… Read more
State v. LaVere D. Wenger, 225 Wis.2d 495, 593 N.W.2d 467 (Ct. App. 1999) For Wenger: Richard L. Wachowski Holding: Duty-to-retreat instruction, Wis JI-Crim 810, properly submitted, though retreat would have been into defendant’s own home: Here, the trial court used the pattern instruction to inform the jury of the applicable law on retreat. The… Read more
State v. LaVere D. Wenger, 225 Wis.2d 495, 593 N.W.2d 467 (Ct. App. 1999) For Wenger: Richard L. Wachowski Holding: Violent acts of victim relevant to self-defense, as exception to general prohibition against character evidence, § 904.04(2), but exclusion of same harmless… Read more
State v. David J. Lenz, 230 Wis.2d 529, 602 N.W.2d 173 (Ct. App. 1999) For Lenz: Steven D. Phillips, SPD, Madison Appellate Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations. Holding: The crime of nonsupport is… Read more
State v. Ronald L. Monarch, 230 Wis.2d 542, 602 N.W.2d 179 (Ct. App. 1999) For Monarch: Craig S. Lambert Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations Holding:: The crime of nonsupport is complete after each… Read more
