State v. Marshun Dante Jackson, 2019AP2091, 2/17/21, District 3 (not recommended for publication); case activity (including briefs) Jackson pleaded to being part of a conspiracy to commit fraud (passing bad checks) against a bank in Dunn County. Then he was charged in St. Croix county with committing fraud against a bank there (initially this was… Read more
1. Generally
If you’re waiting for a decision on whether solicitation of 1st degree reckless injury is a crime in Wisconsin and on whether solicitation of 1st degree recklessly endangering safety is a lesser included offense of 1st degree reckless injury, STOP! SCOW just dismissed the case raising these issues–State v. Kelly James Kloss–as improvidently granted. SCOW’s… Read more
State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs) Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous. At the plea… Read more
State v. Kelly James Kloss, 2018AP651-CR, petition and cross petition for review of a published court of appeals decision, both granted 6/11/19; case activity (including briefs) Issues: Is solicitation of first degree reckless injury a crime under Wisconsin law? Is solicitation of first degree recklessly endangering safety a lesser included offense of first degree reckless… Read more
State v. George W. Mallum, III, 2016AP765-CR, District 1, 12/13/16 (one-judge decision; ineligible for publication); case activity (including briefs) Mallum was convicted of two counts of disorderly conduct arising out of a single incident, but because the charges were not identical in fact the convictions are not multiplicitous. Charges are multiplicitous if they are identical… Read more
Review of a court of appeals summary disposition; case activity (including briefs); petition for review Issues (composed by On Point) (1) Could the defendant be convicted of two counts of hit and run with death resulting for a single act of leaving the scene of an accident that caused two deaths? (2) Is the defendant’s sentence… Read more
Dismissal of felon-in-possession charge doesn’t bar new charge under different provision of § 941.29
State v. Joshua Java Berry, 2016 WI App 40; case activity (including briefs) Berry was found guilty at a bench trial of being a felon in possession of a firearm under § 941.29(2)(a) (2013-14). Before sentencing, Berry’s lawyer figured out that Berry’s prior conviction was for a misdemeanor, not a felony. The court vacated the felon-in-possession conviction and… Read more
State v. Trista J. Ziehr, 2015AP994-CR, 1/13/16, District 2 (one-judge opinion, ineligible for publication); case activity, including briefs There isn’t much case law on Wisconsin’s “mandatory reporter” requirement, and this opinion makes no attempt to fill the gaps. Ziehr ran a daycare center and thus had a mandatory duty to report child abuse to the proper… Read more
