On Point: 13. Sec. 940.10

State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12

court of appeals decision (not recommended for publication); case activity

Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and one count of reckless driving / GBH, § 346.62(4). At the time of the pleas,

State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06
For Schutte: Donald T. Lang, SPD, Madison Appellate

Issue/Holding:

¶19      Wisconsin Stat. § 940.10(1) provides that a person who “causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony.” The term “negligent” as used in § 940.10 requires proof of “criminal negligence.” See Wis.

State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06
For Schutte: Donald T. Lang, SPD, Madison Appellate

Issue/Holding:

¶34      In sum, we conclude that the State presented sufficient evidence for jurors to reasonably conclude, beyond a reasonable doubt, that Schutte’s conduct prior to the collision was criminally negligent within the meaning of Wis. Stat. §§ 939.25 and 940.10. The State’s evidence established not only that Schutte’s car crossed the highway centerline,

State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06
For Schutte: Donald T. Lang, SPD, Madison Appellate

Issue: Whether the trial court invaded the jury’s province when it instructed that the court of appeals had held in State v. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999) that a criminally negligent act had occurred when a car drove across the centerline and that unanimous agreement was unnecessary as to why that act occurred.

State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06
For Schutte: Donald T. Lang, SPD, Madison Appellate

Issue/Holding1: Evidence of the driver’s marijuana use just before the accident resulting in the charged homicide by negligent use of vehicle was relevant and admissible:

¶48      Although the toxicology expert could not tie the level of THC detected in Schutte’s blood to a specific level of impairment,

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.

State v. Derrick D. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999)
For Johannes: Gregory A. Petit

Holding: Johannes was convicted of several counts related to criminally negligent operation of a vehicle. The state’s theory was that Johannes crossed a centerline when he either fell asleep or played with a stereo. He now argues that the state had to prove that he knew that such conduct would cause him to cross the centerline.

State v. Steenberg Homes, 223 Wis.2d 511, 589 N.W.2d 668 (Ct. App. 1998)

Holding: Corporations are subject to criminal liability under Wis. Stat. § 940.10