State v. Mitchell L. Christen, review of a one-judge court of appeals decision granted 9/16/17, case activity (including brief) Issue presented: Wisconsin Statute § 941.20(1)(3) provides whomever goes armed with a firearm while under the influence of an intoxicant is guilty of a Class A misdemeanor. The consumption of alcohol may lead an individual to… Read more
B. Non-statutory defenses
State v. Chris K. Feller, 2019AP318, 11/27/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) This appeal poses an interesting question of law: whether the justification defense available in certain civil forfeiture actions applies where a driver exceeds the speed limit in order to get away from another driver who is dangerously… Read more
State v. Taurus Donnell Renfro, 2019AP193, 9/17/19, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Renfro was a passenger in a car stopped by the police. He was riding from his old residence to his parents’ house–he was moving in with them. When asked, he told the officers that he was carrying… Read more
State v. Daniel A. Griffin, 2019 WI App 49; case activity (including briefs) Someone killed a young child in Griffin’s home. Both Griffin and the child’s mother were present at the time. What evidence was the jury allowed to hear about who committed the crime? If you guessed “any remotely relevant evidence implicating Griffin” (whom… Read more
State v. Scott H. Wenger, 2017AP2305, 6/14/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Wenger got arrested for disorderly conduct and resisting at Art in the Park in Stevens point. The circuit court dismissed the DC but found him guilty, after a bench trial, of resisting. He claims insufficient evidence as… Read more
State v. Joshua J. Luther, 2016AP1879-CR, 5/3/18, District 4 (not recommended for publication); case activity (including briefs) This is a pretrial interlocutory appeal. Luther is charged with causing injury by driving with a detectable amount of THC in his blood. He wants to present expert testimony that the levels of THC would not have impaired… Read more
State v. Tydis Trinard Odom, 2015AP2525-CR, certification granted 9/12/17; case activity (including briefs). This is the second certification of this case; here’s the first. Issue In determining whether the imposition of multiple DNA surcharges constitutes “potential punishment” under WIS. STAT. § 971.08(1)(a) so that a court must advise a defendant about the surcharges before a… Read more
State v. Kyle Lee Monahan, 2014AP2187, 4/27/17, District 4 (not recommended for publication) review granted 11/13/17; Affirmed 6/29/18; case activity (including briefs) Kyle Monahan was convicted of OWI homicide after a jury trial. The trial court excluded evidence offered to show that Monahan was not, in fact, driving the vehicle when it crashed. On appeal… Read more
