On Point: 9. Crimes

State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11

court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity

Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault.

¶23      In this case, the trial court properly determined that Echols’ shooting M.F. subsequent to the nonconsensual sexual contact constituted great bodily harm.  

State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12

Fleeing, § 346.04(3) – Elements 

¶4        ….  In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language of § 346.04(3) into segments:  (1) No operator of a vehicle,

State v. Troy A. Keys, 2011AP550-CR, District 3, 8/30/11

court of appeals decision (1-judge, not for publication); for Keys: Donna L. Hintze, SPD, Madison Appellate; case activity

Evidence held insufficient to support scienter element of illegal possession of prescription drug,  § 450.11(7)(h). A pill container, container 2 Citalopram pills, were found on Keys’ coffee table The court rejects the State’s argument that the jury reasonably could have inferred Keys’

County of Ozaukee v. David W. Berend, 2011AP291, District 2, 8/24/11

court of appeals decision (1-judge, not for publication); for Berend: Walter Arthur Piel, Jr.; case activity

Breathalyzer test results are admissible (and presumptively accurate) in OWI and PAC proceedings if “the sample was taken within 3 hours after the event to be proved,” § 885.235(1g). Berend’s test was administered at 11:07, and he said he’d stopped drinking at 8:00.

County of Winnebago v. Matthew J. Miller, 2011AP661, District 2, 8/17/11

court of appeals decision (1-judge, not for publication); for Miller: Walter Arthur Piel, Jr.; case activity

Experimental Aircraft Association Air Venture grounds were sufficiently “held out to the public,” for purposes of OWI-related liability, because the EAA granted substantial access to the public via purchased passes.

¶7        The analysis in Tecza is most analogous to this case.  

State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11

court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity

Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied, ¶8.

¶11      Reynolds testified that although he received a copy of the complaint,

State v. Richard K. Numrich, 2010AP1544-CR, District 2, 8/3/11

court of appeals decision (1-judge, not for publication); for Numrich: Chad A. Lanning; case activity

Instances of prosecutorial misconduct (objecting in the jury’s presence to a line of questioning that implied the existence of inadmissible evidence; stating in closing argument that it is defense counsel’s “job to create doubt”) warranted neither mistrial, ¶¶15-16 (especially in light of curative instruction);

State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11

court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity

Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to object to the concededly erroneous inclusion of “party to a crime”

State v. Andrew C. Holder, 2011 WI App 116 (recommended for publication); for Holder: Edward D. Burke, Jr.; case activity

Although the penalty enhancement scheme  generally allows increased penalty for each prior OWI conviction, § 346.65(2)(am)5. provides that “convictions arising out of the same incident or occurrence shall be counted as one.” Nonetheless, Burke’s driving under the influence across the Michigan border,

State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64

Traffic Stop – No Turn Signal

Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop:

¶9        Wisconsin Stat. § 346.34(1)(b) states that a driver must use a turn signal “[i]n the event that any other traffic may be affected.”  The circuit court found that Anagnos did not violate this statute when he made a left turn without using his signal,