On Point: 1. Constitutional issues

State v. Kevin S. Meehan, 2001 WI App 119
For Meehan: Pamela Moorshead, Buting & Williams

Issue: Whether charges of completed and attempted sexual assault of the same victim were multiplicitous.

Holding:

¶34. The nature of the two acts was different because the attempted sexual assault was foiled by the victim’s resistance. There was some time separation between the two acts, sufficient for a question and answer.

State v. William Koller, 2001 WI App 253, PFR filed
For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate

Issue: Whether distinct types of sexual assault (mouth-vagina and penis-vagina) necessarily support distinct counts.

Holding:

¶59     There is another reason Koller’s second multiplicity challenge fails.  This second claim is directed primarily at the relationship between Count 4 (mouth-to-vagina contact), on the one hand, and Counts 3 and 5 (penis-to-vagina intercourse),

State v. Lane R. Weidner, 2000 WI 52, 235 Wis. 2d 306, 611 N.W.2d 684, on certification
For Weidner: Steven D. Phillips, SPD, Madison Appellate

Issue: Whether § 948.11(2) is unconstitutional.

Holding:

¶43  In sum, we determine that Wis. Stat. § 948.11(2) is unconstitutional in the context of the internet and other situations that do not involve face-to-face contact.  Because the statute does not require the State to prove a defendant’s knowledge of the victim’s age when disseminating materials deemed harmful to children,

State v. Joel R. Zarnke, 224 Wis.2d 116, 589 N.W.2d 370 (1999), reversing and remanding, 215 Wis.2d 71, 572 N.W.2d 491 (Ct. App. 1997)
For Zarnke: Michael R. Cohen, Wachowski, Johnson & Cohen

Issue/Holding:

¶ The issue before the court is whether Wis. Stat. § 948.05 prohibiting the sexual exploitation of a child violates the First and Fourteenth Amendments to the United States Constitution and Article I,