State v. Jimmie Davison, 2003 WI 89, reversing 2002 WI App 109, 235 Wis. 2d 715, 647 N.W.2d 390 For Davison: Keith A. Findley, UW Law School, Criminal Appeals Project Issue/Holding: The legislature did not intend to preclude cumulative punishments for both aggravated battery, § 940.10(6) and battery by prisoner, § 940.20(1), for the same conduct. ¶¶47-111… Read more
2002-03 Term
State v. Waylon Picotte, 2003 WI 42, on certification For Picotte: John T. Wasielewski Issue: Whether conviction for homicide is barred because the victim did not die within a year and a day of infliction of the fatal injuries. Holding: ¶5. We disagree with the circuit court and hold that the defendant’s conviction in this case is… Read more
§ 941.23, Carrying concealed weapon – Facial Constitutionality, in Light of Wis. Const. Art. I, § 25
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue: Whether § 941.23 is facially unconstitutional as impermissibly infringing on the right to bear arms. Holding: The constitutional right of an individual to bear arms, Wis. Const. Art. I, § 25, being “fundamental” in nature, ¶20, the question… Read more
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue: Whether § 941.23 is unconstitutional as applied to Cole. Holding: ¶48. Cole claims that he was carrying the weapons because he had been “the victim of a brutal beating when he was younger and he did not feel… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶86. We have ruled that “Wisconsin courts permit a more liberal admission of other crimes evidence in sexual assault cases than in other cases.” Davidson, 236 Wis. 2d 537, ¶44; State v. Hammer, 2000 WI 92, ¶23, 236 Wis. 2d… Read more
State v. Matthew J. Knapp, 2003 WI 121, on certification For Knapp: Robert G. LeBell Issue/Holding: ¶184. We find no clear error in the circuit court’s determination that the third-party hearsay evidence in item 21(a) of Knapp’s offer of proof comes within the recent perception exception under Wis. Stat. § 908.045(2),29 to the hearsay rule. Farrell’s inability to… Read more
State v. Sherrie S. Tucker, 2003 WI 12, on certification For Tucker: Paul LaZotte, SPD, Madison Appellate Issue/Holding: ¶32. At the postconviction hearing, the circuit court upheld its prior ruling that McCray’s statements were not admissible as either statements against penal interest or under the residual exception to the hearsay rule. The circuit court noted… Read more
State v. Jeffrey B. Haines, 2003 WI 39, 2002 WI App 139 For Haines: Mark A. Huesmann, Sonja Davig Huesmann Issue/Holding: An extension of the limitation period for prosecuting a crime, before the prior limitation period has expired, doesn’t violate the ex post facto clause of the Wisconsin Constitution. ¶15. In sum, the court of appeals succinctly and… Read more
