State v. Samuel Terry, 2000 WI App 250, 239 Wis. 2d 519, 620 N.W.2d 217 For Terry: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶1 … Terry argues that, under the doctrine of issue preclusion, the State was precluded from criminally prosecuting him for possession of cocaine with intent to deliver because the Administrative Law… Read more
B. Non-statutory defenses
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. Christopher M. Clutter, 230 Wis.2d 472, 602 N.W.2d 324 (Ct. App. 1999) For Clutter: Martha K. Askins, SPD, Madison Appellate Issue: Whether the nonsupport defense of inability to pay is viable by showing “lack of financial resources alone.” Holding: “(L)ack of financial resources alone is insufficient to demonstrate inability to pay.” Inability to… Read more
Monroe Swan v. Douglas LaFolette, 231 Wis.2d 633, 605 N.W.2d 640 (Ct. App. 1999) Issue: Whether denial of opportunity to become notary public due to felony conviction violates ex post facto provision. Holding: Ex post facto clause forbids punishing as crime any act which wasn’t punishable when committed, but laws that merely disadvantage someone don’t… Read more
State v. Shonna Hobson, 218 Wis.2d 350, 577 N.W.2d 825 (1998), on certification For Hobson: Keith A. Findley, John A. Pray, LAIP, UW Law School Holding: Wisconsin recognizes a common law privilege to forcibly resist an unlawful arrest (i.e., w/o made w/o probable cause); but having recognized that privilege, the court simultaneously abrogates it (albeit prospectively… Read more
