State v. Brian S. Kempainen, 2015 WI 32, 3/19/15, affirming a published court of appeals decision; opinion by Justice Gableman; case activity (including briefs) The supreme court unanimously holds that when determining whether the accusations in a criminal complaint are specific enough to give a defendant fair notice of the charges and an opportunity to defend against them… Read more
A. Multiplicity
On review of a published court of appeals decision in Kempainen (case activity) and a per curiam decision in Hurley (case activity) Issues (adapted from the State’s PFR in Hurley): Did the amended complaint charging repeated sexual assault of a child, which alleged that Hurley assaulted his stepdaughter at least 26 times over a five or six-year charging… Read more
State v. Brian Kempainen, 2014 WI App 53, petition for review granted 9/18/14, affirmed, 2015 WI 32; case activity In this case, the circuit court dismissed 2 counts of sexual assault of a child against Kempainen because the charges failed to provide sufficient notice of when the assaults occurred thus violating due process. The court of… Read more
State v. Tina M. Jacobsen, 2014 WI App 13; case activity Jacobsen was charged with 8 offenses for stealing $500,000 from her employer, and she was convicted on 3 counts. The charges were based on 289 individual thefts occurring over 3 years. On appeal she claimed her trial lawyer was ineffective for failing advise her… Read more
State v. Ronnie L. Thums, 2012AP929-CR, District 4, 7/25/13; court of appeals decision (not recommended for publication); case activity Sufficiency of evidence of conspiracy Thums was charged with offering money to Trepanier, a fellow prison inmate, to kill Thums’s ex-wife and others associated with her. (¶2). In response to Trepanier’s questions about how he’d be paid… Read more
State v. Michael Lock, 2013 WI App 80; case activity Multiplicity — conviction for conspiracy and for completed crime under § 939.72(2) Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes… Read more
City of South Milwaukee v. Todd J. Kester, 2013 WI App 50; case activity Sex offender residency restrictions – constitutionality; ex post facto and double jeopardy South Milwaukee’s ordinance prohibiting persons convicted of certain child sex offenses from living within 1,000 feet of a school or other facility frequented by children does not violate the… Read more
State v. James A. Krahn, 2012AP1898-CR, District 2, 1/30/13; court of appeals decision (1-judge, ineligible for publication); case activity Motion to dismiss second-offense OWI charge was properly denied, where the charge resulted from the state’s successful motion to reopen a conviction for a first offense that had been entered a few weeks after a conviction… Read more
