State v. Jeffrey L. Elverman, 2015 WI App 91; case activity (including state’s brief) The court rejects all challenges to a conviction of theft of more than $10,000. The issues mostly spring from the state’s use of Wis. Stat. § 971.36(4), which permits, under certain circumstances, the aggregation of multiple thefts into a single count. Elverman was a lawyer… Read more
A. Statutory defenses
State v. Glen Artheus Beal, 2014AP2534-CR, 9/22/15, District 1 not recommended for publication); case activity A jury convicted Beal of child abuse as a party to a crime because multiple witnesses testified that he punched his girlfriend’s daughter and also restrained the daughter so that her mother (his girlfriend) could hit her. See §939.05(2)(a) and… Read more
Review of an unpublished court of appeals decision; affirmed 2016 WI 26; case activity (including briefs) Issues (composed by On Point) Does a defendant have the right to testify at the mental responsibility phase of a bifurcated criminal proceeding? If so, is an on-the-record colloquy regarding the waiver of the right to testify required? Lagrone didn’t… Read more
State v. Corey R. Kucharski, 2015 WI 64, reversing an unpublished court of appeals decision; majority opinion by Crooks; dissent by Bradley (joined by Abrahamson); case activity (including briefs) If you thought defending a discretionary reversal in SCOW was tough before, it just got tougher. Kucharski pled “no contest” to killing his parents but claimed… Read more
Questions presented: 1. Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions where those instructions, without objection, require the government to prove additional or more stringent elements than do the statute and indictment. 2. Whether a statute-of-limitations defense not… Read more
State v. James Elvin Lagrone, 2013AP1424-CR, District 1, 4/7/15 (not recommended for publication), petition for review granted 9/9/15; affirmed 2016 WI 26; case activity (including briefs) Does a defendant who has raised an NGI defense have the right to testify in the mental responsibility phase of the NGI proceeding? That’s the novel issue in this case… Read more
State v. Benjamin J. Strohman, 2014AP1265-CR, District 3, 2/3/15 (1-judge decision; ineligible for prosecution); case activity (including briefs) Rejecting the state’s arguments that the statute of limitation had been tolled, the court of appeals holds the state could not re-charge Strohman for an OWI offense that was improperly treated as a first offense because the time… Read more
State v. Gabriel Justin Bogan, 2014AP285-CR, District 1, 10/14/14 (not recommended for publication); case activity In this 1st-degree reckless homicide and 1st-degree reckless endangering safety case, the court of appeals held that the evidence presented at trial did not support a “defense of others” jury instruction. Thus, Bogan’s trial lawyer was not ineffective for failing… Read more
