On Point: 9. Crimes

State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)

Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions.

State v. Norris W. Culver, 2018 WI App 55; case activity (including briefs)

Wisconsin Stat. § 942.09(3m)(a)2. prohibits a person from posting or publishing “private representations” without the consent of the person depicted in the representation. The court of appeals rejects Culver’s claim that the statute is void because it’s overbroad and vague. The court also rejects his claim that the felon-in-possession statute is unconstitutional as applied to him because of the non-violent nature of his prior felony conviction.

Village of Pleasant Prairie v. Brian Lucas, 2017AP2131, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity

This pro se defendant’s challenges to his OWI conviction go nowhere.

United States v. Dennis Franklin & Shane Salm, 2018AP1346-CQ, certification granted 8/15/18; case activity

The Seventh Circuit certified the following question of law to the Wisconsin Supreme Court:

Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10(1m)(a)–(f), identify alternative elements of burglary, one of which a jury must unanimously find beyond a reasonable doubt to convict, or whether they identify alternative means of committing burglary,

State v. Richard Rey Myers, 2017AP2499, District 4, 8/9/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Myers argues, unsuccessfully, that his refusal to submit to a blood test for OWI can’t be found to be improper because it was based on misinformation from the officer about his right to counsel.

State v. Shayd C. Mitchell, 2017AP1536-CR, District 3, 8/7/18 (not recommended for publication); case activity (including briefs)

Mitchell was stopped two blocks away from the Family Video store he was walking to for an assignation with someone he thought was a 15-year-old boy. That was close enough to get him convicted of attempted child enticement.

State v. Christopher A. Mason, 2018 WI App 57; case activity (including briefs)

Applying its newly minted decision in State v. Stewart, 2018 WI App 41, the court of appeals holds that the “representing” element of identity theft under § 943.201 can be proven with the same evidence that proves the defendant “used” the identifying information or documents.

State v. Joseph T. Langlois, 2018 WI 73, 6/20/18, affirming a published court of appeals decision, 2017 WI App 44; case activity (including briefs)

A majority of the supreme court concludes that the jury instructions given in this case, when viewed in their entirety, accurately stated the law the jury needed to decide the case. Two dissenting justices disagree, concluding that when considered in their entirety, the instructions could have led the jury astray.

State v. Theoris Raphel Stewart, 2018 WI App 41; case activity (including briefs)

Facing sentencing for failure to pay child support, Stewart forged some documents to support his argument for probation rather than a prison sentence. For his trouble he was charged with and convicted of identity theft under § 943.203(2). The court of appeals rejects his argument that his use of the forged documents did not violate that statute. 

State v. Justin A. Braunschweig, 2017AP1261-CR, petition for review of an unpublished court of appeals decision granted 6/11/18; case activity (including briefs)

Braunschweig was convicted of first-offense OWI causing injury, but that conviction was expunged. So, when he picked up another OWI, was it a first or a second?