On Point blog, page 36 of 87
SCOW extends theft-of-property statute to phone services
State v. Steffes, 2013 WI 53, on review of a published court of appeals opinion; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent.
Given the absence of precedent, Wisconsin Supreme Court may be out on a limb (or, rather, a pole) on this one. Apparently, while in prison, Matthew Steffes and his cohorts figured out a way to submit a fictitious business name and stolen personal information to AT&T in order to obtain a phone number.
State v. Brandon H. Bentdahl, 2012AP1426, petition for review granted, 6/13/13
Review of unpublished court of appeals decision; case activity
Issue (composed by On Point)
Does a circuit court have discretion to dismiss a refusal proceeding after the prosecution of the underlying OWI charge results in an acquittal?
This case is of obvious interest to OWI practitioners, even if its facts are unusual and, thus, not likely to arise very often. As we noted in our post about the court of appeals decision,
Substitution of judge — § 971.20(4),(5); reassignment of original judge does not make the judge “new” for substitution purposes. Admission of evidence — limiting the playing of audio recordings. Armed robbery, § 943.32 — sufficiency of the evidence.
State v. Keith M. Bohannon, 2013 WI App 87; case activity
Substitution of judge; “new” judge under § 971.20(5)
When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new” judge under § 971.20(5). Therefore, a motion to substitute the original judge had to be filed before the arraignment,
Reckless driving, § 346.62(2) — sufficiency of the evidence
Winnebago County v. Rahb J. Kettleson, 2012AP2230, District 2, 5/29/13; court of appeals decision (1-judge; ineligible for publication); case activity
The testimony of a citizen-witness–that a car operated by Kettleson “was probably going about 65 to 68[,]” came within five or ten feet of the rear of his vehicle before passing him, made at least six lane changes without signaling, and was traveling about the same speed while coming within approximately five to ten feet of other cars he was passing–was sufficient to support Kettleson’s conviction for reckless driving:
¶9 To convict Kettleson,
Traffic forfeiture — speeding — defense of “necessity”
State v. Tammy S. Camden, 2012AP1451, District 4, 5/23/13; court of appeals decision (1-judge; ineligible for publication); case activity
The circuit court concluded a driver’s speeding was legally justified after accepting her testimony that she exceeded the speed limit in order to get away from a vehicle following in close proximity and copying her every move. The court of appeals reverses, concluding the defense of legal justification or “necessity”
Multiplicity — conviction for inchoate crime of conspiracy and completed crime under § 939.72(2). Constitutional right to speedy trial. Prosecutorial misconduct — failing to disclose sentencing consideration for a state’s witness
State v. Michael Lock, 2013 WI App 80; case activity
Multiplicity — conviction for conspiracy and for completed crime under § 939.72(2)
Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes as a party to the crime and four counts of pandering as party to the crime.
First Amendment — Speech — “True Threats.” Stalking and extortion — sufficiency of the evidence
State v. James D. Hills, 2012AP1901-CR, District 4, 4/11/13; court of appeals decision (not recommended for publication); case activity
Hills sent letters and made at least one phone call to an assistant city attorney (ACA) who, he believed, had wrongfully prosecuted him under the city’s disorderly conduct ordinance. In those communications he berated the ACA (calling her incompetent, corrupt, dishonest, deceitful, worthless, and worse), accused her of prosecuting him with perjured testimony so she could collect money for the city,
Evidence sufficent to show parent/child go-kart ride amounts to physical abuse of child; ditto as to parent’s decision to treat injuries at home rather than seek medical attention
State v. Nicholas M. Gimino, 2012AP1498-CR, District II/IV, 3/7/13 (unpublished); case activity.
While this decision is not recommended for publication, it highlights a very touchy subject–when does conduct many parents engage in rise to the level of physical abuse of a child? The answer may surprise you.
Here’s what happened. Gimino took his 2-year-old daughter for a ride on a motorized go-kart having no sides or roof.
Disorderly conduct, § 947.01 — sufficiency of the evidence
State v. William G. Bennett, 2012AP1757-CR, District 2, 1/30/13; court of appeals decision (1-judge; ineligible for publication); case activity
Evidence that Bennett sent a lewd and obscene letter to a person was sufficient to support conviction for disorderly conduct because the content of the letter placed it beyond a mere “personal annoyance” to the victim. Purely written speech can constitute disorderly conduct even if that written speech fails to cause an actual disturbance,
Attempted possession of a firearm by a felon recognized as an offense under Wisconsin law
State v. Wyatt D. Henning, 2013 WI App 15; case activity
The crime of attempted possession of a firearm by a felon is recognized in Wisconsin, distinguishing State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998):
¶14 Turning to the particular language of the felon in possession of a firearm statute, and the case law further explaining the elements of that crime,