State v. Bradley A. Faber, 2010AP2325-CR , District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Faber: Susan E. Alesia, SPD, Madison Appellate; case activity ¶1 The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber. Faber was issued a pair of… Read more
10. Defenses
State v. Jeremy D. Pinnow, Milwaukee Co. Circ. Ct. No. 2010CM1978, 2/11/11 circuit court decision; case activity Carrying concealed weapon charge dismissed, under as-applied (state) constitutional challenge, Art. I § 25. Pinnow had a cased, unloaded gun underneath the seat of his car, had himself been the recent victim of an armed robbery, believed with reason… Read more
State v. Richard L. Daniels, 2010AP1715-CR, District 3, 2/23/11 court of appeals decision (1-judge, not for publication); for Daniels: John M. Carroll; case activity Ineffective Assistance of Counsel – Voluntary Intoxication Voluntary intoxication requires that the defendant establish utter lack of capability to form the requisite intent; because Daniels’ version couldn’t make this showing, counsel’s… Read more
State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp. Ineffective Assistance Claim – Necessity of Motion Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19. Entrapment – Child Sex Crime with Computer… Read more
State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
State v. Richard Martin Kubat, 2010AP509-CR, District 3, 9/21/10 court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp. Battery – Self-Defense – Sufficiency of Evidence A verbal confrontation between truckers at a truck stop eventuated in Belcher disabling Kubat’s truck and inviting Kubat to get his punk ass out… Read more
State v. Donald L. Schultz, 2010 WI App 124 (decision originally issued 7/20/10, subsequently withdrawn; reissued 8/17/10); for Schultz: Margaret A. Maroney, Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply Venue – Instruction ¶12 Although venue is not an element of a crime, it nonetheless must be proved beyond a reasonable doubt. State v… Read more
Donald J. McGuire, 2010 WI 91, affirming unpublished decision; for McGuire: Robert R. Henak; BiC; Resp.; Reply Statute of Limitations – § 939.74(3) – Constitutionality Under § 939.74(3), the statute of limitations is tolled during “the time during which the actor was not publicly a resident within this state.” McGuire wasn’t a Wisconsin resident, but… Read more
