On Point blog, page 4 of 4
Possession with Intent to Deliver, §§ 961.41(1m), 961.01(6) – Sufficiency Of Evidence of Intent to Deliver
State v. Rickey Eugene Pinkard, 2005 WI App 226
For Pinkard: John J. Grau
Issue/Holding: Someone holding drugs for another person and planning to return the drugs to that person intends to deliver within the meaning of § 961.41(1m). State v. Smith, 189 Wis. 2d 496, 525 N.W.2d 264 (1995) (conspiracy to deliver not supported where only evidence is that seller intended to sell small amount for buyer’s personal use) distinguished,
Controlled Substance – Sufficiency of Evidence, Proof of Substance — Presumptive and Confirmatory Testing
State v. Sheldon C. Stank, 2005 WI App 236
For Stank: Dennis P. Coffey
Issue/Holding: Proof of the controlled substance is sufficient where a “presumptive” test is followed by a “confirmatory” one (State v. Dye, 215 Wis. 2d 281, 572 N.W.2d 524 (Ct. App. 1997), followed), with the PDR being used to establish the presumption:
¶42 Here,
Double Jeopardy – Mulitple Punishments – Drug Tax Stamp Assessment, §§ 139.87-139.96, And Subsequent Prosecution For Possessing Same Drug
Stephen Dye v. Frank, 355 F.3d 1102 (7th Cir 2004)
For Dye: Christopher M. Bailey
Issue/Holding:
To determine whether a civil penalty is so punitive that it is should be characterized as criminal punishment, we must consider the factors listed by the Supreme Court in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), and reaffirmed in Hudson v.
§ 961.41(2), Maintaining Drug Residence — Amendment of Information at Close of Case
State v. Davon R. Malcom, 2001 WI App 291, PFR filed 11/27/01
For Malcom: John D. Lubarsky, SPD, Madison Appellate
Issue: Whether the trial court properly amended the information, after close of evidence, to add a charge of keeping a place “which is resorted to by persons using controlled substances” to the charge of using the same place to manufacture, keep or deliver controlled substances (both charges being alternatives under § 961.41(2).
Defenses – “Statutory Double Jeopardy” – Drug Offenses – § 961.45
State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 626 N.W.2d 195, on certification
For Hansen: Pamela Pepper
Issue: “¶8 … ‘Does Wis. Stat. § 961.45 bar prosecution for the state crime of possession of cocaine with intent to deliver, where a defendant previously has been convicted, based on the same conduct, for the federal crime of conspiracy to possess cocaine with intent to distribute? Stated differently,
§ 961.48(3), Repeat Drug Offender – Prior Conviction for Drug Paraphernalia
State v. Dawn C. Moline, 229 Wis. 2d 38, 598 N.W.2d 929 (Ct. App. 1999)
For Moline: Patrick M. Donnelly, SPD, Madison Appellate
Issue: Whether prior conviction for possessing drug paraphernalia, § 961.573, qualifies the offender as a repeat drug offender, § 961.48(3).
Holding:
By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to § 961.573, STATS., qualifies as a prior offense under the repeat drug offender statute,
Possession of Controlled Substance – Sufficiency of Evidence – Presence of Substance in System
State v. John L. Griffin, 220 Wis. 2d 371, 584 N.W.2d 127 (Ct. App. 1998)
For Griffin: Donald T. Lang, SPD, Madison Appellate
Issue/Holding:
Like other jurisdictions, to be found guilty of possession of a controlled substance in Wisconsin, the defendant must have had the substance under his or her control and must have knowingly possessed the substance. See Wis J I-Criminal 920; Poellinger, 153 Wis.2d at 508,
Evidence of Unemployment and Large Sum of Money on Person — Admissibility: Simple Possession
State v. John L. Griffin, 220 Wis. 2d 371, 584 N.W.2d 127 (Ct. App. 1998)
For Griffin: Donald T. Lang, SPD, Madison Appellate
Issue/Holding:
Griffin was charged with drug possession. In State v. Pozo, 198 Wis.2d 705, 714, 544 N.W.2d 228, 232 (Ct. App. 1995), we stated that although a large amount of cash on an unemployed defendant may be relevant to whether the defendant is selling drugs,
Attempted Fraudulent Acquistion of Controlled Substance, § 961.43(1) — Sufficiency of Evidence
State v. Linda M. Henthorn, 218 Wis. 2d 526, 581 N.W.2d 544 Ct. App. 1998)
For Henthorn: Michael Yovovich, SPD, Madison Appellate
Issue/Holding:
Viewing the facts most favorable to the prosecution requires us to assume that, despite her denial, Henthorn in fact altered the prescription, changing the refill number from “1” to “11.” She then presented the prescription to the pharmacist but took no further action.