On Point blog, page 7 of 13
State v. Jesse Becerra, 2009AP600-CR, Dist I, 1/20/10
court of appeals decision (not recommended for publication)
Kidnapping – “Held to Service against Will”
“Held to service against will” element of kidnapping satisfied by “commands for information,” namely “interrogating [victim] as to where she was during the evening and who she was with,” ¶24.
State v. Dione Wendell Haywood, 2009 WI App 178
court of appeals decision; for Haywood: Robert E. Haney
Battery to Peace Officer, § 940.20(2), Elements
It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for what he or she does to be done in the officer’s ‘official capacity.’
State v. Stephen A. Freer, 2010 WI App 9, PFR filed
court of appeals decision; for Freer: Suzanne L. Hagopian
Intimidation of Crime Victim, § 940.44(2), Intimidation Occurring after Complaint Filed
Intimidation of a crime victim, § 940.44(2), isn’t restricted to conduct occurring before the victim reports the crime to the police but, rather, covers conduct after the complaint has been filed:
¶24 In light of the LRB analysis, we conclude that the legislature intended the victim intimidation statute to prohibit any act of intimidation that seeks to prevent or dissuade a crime victim from assisting in the prosecution.
State v. James D. Miller, 2009 WI App 111
Waiver of Escalona argument; claim of self-defense where crime includes “utter disregard of life” element
Click here for court of appeals decision, PFR filed 8/3/09
(opinion originally issued 4/23, withdrawn 5/12, reissued 5/21, withdrawn 6/12, reissued 7/2. Groundhog Day? Not quite: the withdrawn opinions found that trial counsel was ineffective for not seeking a lesser included instruction to reckless injury, but the new opinion rejects that conclusion)
Pro se
Issue/Holding: State failure to argue,
§ 940.30, False Imprisonment – Sufficiency of Evidence – Elements: “Confined” or “Restrained”; “Consent”
State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinionF
For Long: Joseph L. Sommers
Issue: Whether “restrained or confined” element of false imprisonment was established where the defendant hugged the complainant tightly while committing an act of sexual contact.
Holding:
¶28 This court has previously explained that confinement is the “restraint by one person of the physical liberty of another.”
Kidnapping, § 940.31(1)(b) – Elements – “Hold to Service Against Will”
State v. Jeremy Denton, 2009 WI App 78 / State v. Aubrey W. Dahl, 2009 WI App 78
For Denton: Paul G. Bonneson
For Dahl: Patrick M. Donnelly
Issue/Holding: Though merely incidental to robbery, kidnapping charge is supported on theory that ordering the victim to relinquish property holds that person to service against his or her will:
¶26 … The defendants contend that,
§ 940.19(5), Aggravated Battery – Intent Element not Refuted, Lesser Included Option of 2nd-Degree Reckless Injury not Supported on Facts
State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09
Pro se
Issue/Holding:
¶52 We conclude as a matter of law that shooting a person in the thigh at a range of sixteen feet with a shotgun is practically certain to cause at least a protracted loss or impairment of the function of the person’s leg, and is therefore injury constituting “great bodily harm” within the meaning of the statutes.
Battery to Peace Officer, § 940.20(2) – Elements: Officer Need Not Act “Lawfully”
State v. Dione Wendell Haywood, 2009 WI App 178
For Haywood: Robert E. Haney
Issue/Holding: In a battery-to-officer prosecution, it is no defense that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element:
¶11 The flaw in Haywood’s contention, however, is that a law-enforcement officer need not be acting “lawfully” for what he or she does to be done in the officer’s “official capacity.” Rather,
§ 940.225(2)(a), Second-Degree Sexual Assault – Sufficiency of Evidence – Force
State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion
For Long: Joseph L. Sommers
Issue: Whether use of force element of second-degree sexual assault was established where the defendant asked the complainant to rate his penis then hugged her so that she could feel his penis through their clothing.
Holding:
¶24 Long’s arguments are not persuasive.
§ 940.23(1), Reckless Injury – “Utter Disregard for Human Life” – Insufficient Proof, Interplay of Self-Defense
State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09
Pro se
Issue/Holding: Miller incontrovertibly had some basis to fire a shotgun at his drunken, violent antagonist and even if not adequate to establish full self-defense was enough to defeat the reckless injury element of utter disregard for human life, thereby requiring entry of judgment of acquittal on remand, ¶¶31-44.
Lengthy clips from the court’s detailed analysis omitted,