On Point blog, page 1 of 1
COA reverses order dismissing charge for failing to register as sex offender; defendant required to register when cir. ct. ordered registration at sentencing after revocation of probation, even though registration not required when defendant placed on probation.
State v. Kayden Young, 2021AP1596-CR, 10/29/24, District III (recommended for publication); case activity
In a case recommended for publication, the Court of Appeals reversed the circuit court’s order dismissing the charge against Kayden Young for failing to comply with the sex offender registration requirements. Where the circuit court did not require Young to register as a sex offender when it placed him on probation, but required registration when it sentenced him after revocation of probation, “that latter order controls the defendant’s requirement to comply with sex offender registration.” (¶ 22).
Musacchio v. United States, USSC No. 14-1095, cert. granted 6/29/15
1. Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions where those instructions, without objection, require the government to prove additional or more stringent elements than do the statute and indictment.
2. Whether a statute-of-limitations defense not raised at or before trial is reviewable on appeal.
Charge of driving without valid license instead of operating after revocation didn’t deprive circuit court of jurisdiction
State v. Cindy Lou Hilsgen, 2013AP659-CR & 2013AP660-CR, District 3, 11/19/13; court of appeals decision (1-judge; ineligible for publication); case activity
When Hilsgen moved here from Minnesota her driver’s license was revoked, and she never got a Wisconsin license. She was charged in two separate cases with operating without a valid license. Relying on § 343.05(6), she claimed in postconviction motions that she should have been charged instead with operating while revoked based on the status of her Minnesota license.
Waiver of Issue: Dismissal Motion – Ruling Reserved Until After Defense Case
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753
For Scott: Joseph E. Redding
Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents its case.
Holding: Although “the better practice is for trial courts to decide the motion at the close of the State’s case,”