State v. Christopher James Athas, 2012AP2151-CR, District 1, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly considered previous sexual assault charges that had been dismissed when it was deciding whether to order Athas to register as a sex offender after his conviction for fourth degree sexual assault: ¶3… Read more
D. Type of punishment
State v. Devante J. Lumpkins, 2012AP1670-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity Lumpkins is liable for restitution for damage to a stolen van he and two co-defendants (“The Jack Boys”) used to commit two armed robberies, even though Lumpkins was not charged with or convicted of the theft… Read more
State v. Antoine Leshawn Douglas, 2013 WI App 52; case activity Miranda violation — interrogation by police After a lawful arrest, but before being given Miranda warnings, Douglas initiated a conversation with the arresting officer in which he stated he wanted “to work” for the police by offering information about some marijuana dealers. After the… Read more
State v. Manuel R. Williams, 2012AP357-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Terry stop – reasonable suspicion Police had reasonable suspicion to stop defendant where, based on suppression hearing testimony, circuit court found that: the officers were sent to a shooting in “a high risk area”; when police… Read more
Question presented: 1. Whether the court of appeals erred in conducting its constitutional analysis on the premise that respondent was not under a federal registration obligation until SORNA was enacted, when pre-SORNA federal law obligated him to register as a sex offender. 2. Whether the court of appeals erred in holding that Congress lacks the Article I… Read more
State v. Thomas G. Felski, 2012AP1115-CR, District 2, 1/3/13 Court of appeals decision (1 judge; ineligible for publication); case activity Felski was convicted of violating Wis. Admin. Code ATCP § 110.05 (criminalized by virtue of § 100.20(2)) for failing to have a written contract covering some remodeling projects. Evidence at trial focused on construction of… Read more
State v. Jesse D. Fries, 2011AP517-CR, District 4, 12/27/12 Court of appeals decision (not recommended for publication); case activity Cost of installing new, upgraded security system in a convenience store after robbery was a “special damage” and therefore a proper item of restitution: ¶8 Fries’ primary contention is that an expenditure does not qualify as… Read more
Cesar Deleon v. Circuit Court for Brown County, 2012AP278, District 3, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Summary Contempt, §§ 785.01(1)(a), 785.04(2)(b) – “Unit” of Sanctionable Conduct Separate, consecutive punishments meted out for each of 11 profane utterances and 1 act of spitting during brief exchange with judge upheld, against… Read more