On Point blog, page 3 of 7
Obstructing, § 946.41(1) – Sufficiency of Evidence; Effective Assistance – Prosecutor’s Closing Argument
State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11
court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity
Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were investigating an earlier incident, and “Stich’s actions, which delayed the deputies’ ability to question Lidbloom,
Warrantless Entry – Hot Pursuit
State v. Jenny L. Nowak, 2010AP1499-CR, District 3, 5/17/11
court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity
Warrantless entry into Nowak’s garage was justified under hot pursuit doctrine, given “probable cause to believe Nowak committed a jailable offense—specifically, resisting by failure to stop,” § 346.17(2t) (punishable by 9 months imprisonment), ¶15. (Citing, State v. Richter,
Escape, § 946.42(3): Proof – Elements
State v. Isaac Hughes, Sr., 2011 WI App 87 (recommended for publication); for Hughes: Benbow P. Cheesman, Jr.; case activity
Conviction for escape, § 946.42(3), may be sustained even if the jury never actually saw the judgment of conviction that landed the defendant in custody.
¶12 We agree with the trial court that, when considered in light of all the other evidence adduced at trial,
Disorderly Conduct, § 947.01 – Sufficiency of Evidence; Resisting, § 946.41(1) – Jury Instructions
State v. Robert Lyle Lawver, Jr., 2010AP382-CR, District 4, 5/5/11
court of appeals decision (1-judge, not for publication); for Lawver: Cole Daniel Ruby; case activity
Conviction for disorderly conduct upheld on following facts:
¶9 The pertinent facts include the following. Lawver was walking at night down an unlit highway, traveling with traffic, so that he would not have been in a position to see motorists approaching from behind him.
Obstructing – Complaint, Probable Cause; Self-representation
State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11
court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply
The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor was manufacturing drugs,
Counsel: Request for Substitute – Effective Assistance (Disclosure of Communications, et al.); Double Jeopardy: Bail Jumping
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply
Request for New Counsel
An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant requests change of counsel,
Manipulation of Adult Jurisdiction over Juvenile Offense; Bail Jumping – Jurisdiction to Impose Conditions; Sanctions – Appellate Violations
State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply
Manipulation of Adult Jurisdiction over Juvenile Offense
When the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to manipualte the system to avoid juvenile court jurisdiction,
Obstructing – Unanimity – Course of Conduct; Obstructing – Sufficiency of Proof
State v. Jennette L. Ellifritz, 2010AP713-CR, District 2, 9/1/10
court of appeals decision (1-judge, not for publication); for Ellifritz: Gary Grass; BiC; Resp.; Reply
Obstructing – Unanimity – Course of Conduct
Because Ellifritz’s actions occurred during a single course of action, over a short (40-second) period of time, instructional failure to require agreement as to which separate act constituted obstructing didn’t violate her right to unanimous verdict;
Venue: Instruction, Proof; Obstructing: Proof; Instruction: Recently Stolen Property
State v. Donald L. Schultz, 2010 WI App 124 (decision originally issued 7/20/10, subsequently withdrawn; reissued 8/17/10); for Schultz: Margaret A. Maroney, Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply
Venue – Instruction
¶12 Although venue is not an element of a crime, it nonetheless must be proved beyond a reasonable doubt. State v.
Obstructing, § 946.41 – Sufficiency of Evidence
State v. Roy B. Ismert, No. 2009AP1971-CR, District IV, 7/1/10
court of appeals decision (1-judge; not for publication); for Ismert: Kristen D. Schipper; BiC; Resp.; Reply
The evidence was sufficient to support the obstructing element that Ismert knew the police officer had legal authority to stop, question and arrest him.
¶14 We conclude that Lossman and Grobstick are persuasive on the facts before us.