State v. Kenneth W. Lippold, 2008 WI App 130, PFR filed 8/18/08 For Lippold: Thomas J. Nitschke Issue/Holding: On a charge of receiving stolen property, venue may rest in the county where the underlying theft occurred (and, provable by circumstantial rather than direct evidence): ¶16 Extrapolating from the holding in Swinson, we conclude that because… Read more
10. Defenses
State v. Bruce Duncan MacArthur, 2008 WI 72, on Certification For MacArthur: Alex Flynn Amicus: Robert R. Henak Issue/Holding: Alleged violations, between 1965 and 1972, of since-repealed ch. 944 sexual assault statutes come within the statute of limitations provision extant during that time frame. There is, of course, a whole lot more to it than that, at… Read more
State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion For Muckerheide: Mark S. Rosen Issue/Holding: On a trial of homicide by intoxicated use of a motor vehicle, § 940.09(1)(b), where the defense was that the death would have occurred anyway because the deceased grabbed the wheel just prior to the accident, evidence that the deceased “had… Read more
Root v. Saul, 2006 WI App 106 For Root: Thomas E. Hayes Issue/Holding: Either slapping or punching someone in the face “is certainly conduct that can provoke others to attack”; and, because Saul indisputably slapped or punched Root in the face the jury could have found Saul the initial aggressor, the jury should have been… Read more
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶42 Where a valid order or judgment is a necessary condition for one of the elements of a crime, a collateral attack upon the order or judgment can negate an element of the crime if the order… Read more
State v. Quentrell E. Williams, 2006 WI App 212 For Williams: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Because “recklessly” causing harm to a child, § 948.03(b), is determined solely from an objective point of view, evidence related to whether the actor “subjectively thought his [disciplinary action] was reasonable parental discipline” is irrelevant, including evidence… Read more
State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue/Holding: ¶23 At trial, Kramer asserted he acted in self-defense, and the jury was instructed on imperfect self-defense. A successful defense based on imperfect self-defense reduces first-degree intentional homicide to second-degree intentional homicide. [12] The test is subjective; a defendant must… Read more
State ex rel Marvin Coleman v. McCaughtry, 2006 WI 49, reversing and remandingsummary order of court of appeals For Coleman: Brian Kinstler Issue/Holding: ¶28 Prihoda, Sawyer, Lohr and Schafer all employ a three-element test where the first element is unreasonable delay in bringing the claim and the other two elements apply to the party asserting laches: lack of knowledge (that the claim… Read more
