State v. Yancy D. Freland, 2011 WI App 80 (recommended for publication); for Freland: Michael D. Zell; case activity Conviction for an out-of-state sex offense comparable to a misdemeanor in Wisconsin will be treated as a misdemeanor for sex offender registration purposes, § 301.45(6). ¶12 Wisconsin Stat. § 301.45(1d)(am)1. specifically defines has been “[f]ound to have committed a… Read more
4. Factual Basis
State v. Eliseo Peralta, 2011 WI App 81(recommended for publication); for Peralta: Martin J. Pruhs; case activity Conspiracy, § 939.31 – “Overt Act” The “overt act” element of conspiracy, though it must go “beyond mere planning and agreement,” may be “virtually any act,” even if “insignificant,” ¶¶19-21. Thus, Peralta’s “communication to an undercover police detective… Read more
State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); pro se Recusal – Waiver ¶10 Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case… Read more
State v. Eric T. Olson, 2008 WI App 171 For Olson: Byron C. Lichstein Issue/Holding: The “act other than element” of § 948.075(3) isn’t satisfied by either transmission of live video of the shirtless defendant, or by his prior sexual encounters with others he met on-line: ¶11 Accordingly, we read the statute to require that… Read more
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue: Whether repeated “dope dating” (giving a minor cocaine on multiple occasions in exchange for sex) amounts to causing the child to practice prostitution within the meaning of § 948.08. Holding1: “Practice” prostitution: ¶15 Payette is… Read more
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: ¶26 As our supreme court explained in White, “[i]n applying the manifest injustice test on review, this court may consider the whole record since the issue is no longer whether the guilty plea should have been… Read more
State v. Eric T. Olson, 2008 WI App 171 For Olson: Byron C. Lichstein Issue/Holding: The “act other than element” of § 948.075(3) isn’t satisfied by either transmission of live video of the shirtless defendant, or by his prior sexual encounters with others he met on-line: ¶11 Accordingly, we read the statute to require that… Read more
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶33 Wisconsin Stat. § 971.08(1)(b) provides that before a circuit court accepts a defendant’s guilty plea, it must “make such inquiry as satisfies it that the defendant in fact committed the crime charged.” This court… Read more
