On Point blog, page 3 of 7
Obstructing an officer, § 946.41 – “Officer” includes jailer or correctional officer
State v. Mark A. Gierczak, 2012AP965-CR, District 4, 12/13/12
court of appeals decision (1 judge; ineligible for publication); case activity
For purposes of obstructing an officer § 946.41, “officer” includes someone with authority “to take another into custody,” and therefore includes a correctional officer at a county jail, ¶¶11-12. The court of appeals thus rejects Gierczak’s challenge to the factual basis for his obstructing plea where as a county jail inmate,
Reasonable Suspicion – Traffic Stop, OWI – Informant’s Tip
State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12
court of appeals decision (1-judge, not for publication); case activity
Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop.
¶10 This court has previously held that a tip shows sufficient indicia of reliability to justify an investigative stop when the informant identifies himself or herself to the dispatcher,
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court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity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court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity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;