On Point blog, page 12 of 12
§ 943.02, Arson – Sufficiency of Evidence
State v. Dale H. Chu, 2002 WI App, PFR filed 4/23/02
For Chu: Andrew Shaw
Issue/Holding: Evidence held sufficient, despite disagreement of experts on how fire was started; the jury was required to determine whether defendant intentionally started the fire, not specifically how it was set.
¶44 Chu may instead be arguing that the verdicts should be overturned because the State’s experts could not agree on the precise method of starting the fire,
§ 943.10, Burglary – Sufficiency of Evidence – Fingerprint Evidence
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 the evidence was sufficient to support conviction for burglary/theft.
Holding: Evidence that defendant’s fingerprint was found on the “dock station” from which a lap-top was stolen from an office that sold only to other businesses and was not open to the public; and that defendant neither had worked nor had permission to be there sufficed to support the conviction.
§ 943.32, Armed Robbery – sufficiency of evidence
State v. Keith Jones, 228 Wis.2d 593, 598 N.W.2d 259 (Ct. App. 1999)
For Jones: Edward J. Hunt
Holding: In the course of making their get-away, Jones’s shoplifting codefendant allegedly threatened Shogren, a pursuing guard. Notwithstanding the codefendant’s acquittal, Jones’s conviction for armed robbery is sustained against a sufficiency of evidence challenge.
Here, there was sufficient evidence to convict Jones. That the jury acquitted Patterson does not necessarily mean that it discounted Shogren’s testimony.