On Point blog, page 54 of 87
OWI – PAC: Timing of Countable Prior Convictions
State v. Brian K. Sowatzke, 2010 WI App 81; for Sowatzke: Andrew R. Walter; BiC; Resp.; Reply
¶13 Sowatzke had two countable OWI “convictions, suspensions or revocations” (i.e., he had two OWI convictions) at the time he was arrested on May 9; he had a BAC of 0.048 percent at the time he was arrested on May 9; his legal BAC limit was 0.08 percent at the time he was arrested on May 9.
Misconduct in Public Office, § 946.12(3) – Venue, § 971.19(12)
State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply
¶1 … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”
Stalking, § 940.32: Sufficiency of Evidence
State v. Carl Ralph Eichorn, 2010 WI App 70; for Eichorn: Melissa Fitzsimmons, SPD, Milwaukee Appellate; BiC; Resp.; Reply
Evidence was sufficient to support stalking conviction, though the requisite “course of conduct” occurred over short span of time:
¶9 In sum, there is more than sufficient evidence under our standard of review to support beyond a reasonable doubt Eichorn’s stalking conviction.
Town of Grand Chute v. Michael J. Kettner, 2009AP2369, District III, 4/20/10
court of appeals decision (1-judge; not for publication); pro se; Resp. Br.
Controlled Substance – Prescribed by Out-of-State Doctor
Possession of marijuana, prescribed by California doctor under laws of that state, may be prosecuted in Wisconsin: though an exception exists for possession obtained by prescription from a “practitioner,” § 961.41(3g), the practitioner must be licensed in Wisconsin, § 961.01(19)(a). ¶10.
Well, the court’s conclusion might be grammatically sound,
State v. Quovadis Conyice Evans, 2009AP889-CR, District I, 4/20/10
court of appeals decision (3-judge; not recommended for publication); for Evans: George Tauscheck; BiC: Resp.; Reply
Testimony from 4 (of a total of 9) false imprisonment victims wasn’t necessary to sustain the convictions on those counts:
… (A) reasonable jury could have determined beyond a reasonable doubt from circumstantial evidence that Nathan B., Nicholas B., Nigel B. and Rashod H. did not consent to being restrained by Evans.
Child Enticement, § 948.07: “Secluded Place”
State v. Mitchell D. Pask, 2010 WI App 53; for Pask: Jefren E. Olsen, SPD, Madison Appellate; Resp. Br.; Reply Br.
¶1 … (W)hen there is evidence that a defendant has an intention to take a child to a place that is partially screened or hidden from view, a jury may find that it is with the purpose to take the child away from public safety.
Child Pornography: Knowing Possession – Viewing Digital Image on Computer
State v. Benjamin W. Mercer, 2010 WI App 47; prior history: Certification, 7/1/09, rejected 9/10/09; for Mercer: Steven P. Sager
A person can knowingly possess images of child pornography while viewing them on a computer, even though they aren’t stored on the hard drive.
¶29 Our impression of these cases is that courts are more concerned with how the defendants got to the website showing child pornography,
State v. Janet A. Conner, 2008AP1296-CR, Wis SCt review grant, 3/16/10
decision below: 2009 WI App 143; for Conner: Steven J. House
Issues:
What degree of specificity is required in charging dates of allege conduct in a criminal information to satisfy the accused’s constitutional due process rights of notice of the charged offenses?
Does Wis. Stat. § 940.32(2m)(b) require that the state prove that a “course of conduct,” constituting two or more acts, occur after the operative prior conviction in order to establish a violation of the aggravated stalking offense?
State v. Patrick R. Patterson, 2008AP1968-CR, Wis SCt review granted 3/16/10
decision below: 2009 WI App 161; for Patterson: David R. Karpe
Issues:
Is contributing to the delinquency of a child resulting in death a lesser-included offense of first-degree reckless homicide under Wis. Stat. § 939.66(2)?
Can one contribute to the delinquency of a 17-year-old individual when such individuals are no longer subject to juvenile delinquency petitions?
Was a reckless homicide jury instruction defective because it gave as an element to be proved that the deceased used and died from a substance “alleged to have been delivered by the defendant?”
Was there prosecutorial misconduct in refreshing the recollection of witnesses with the testimony and statements of other witnesses?
Failure to Comply with Sex Offender Registration, § 301.45
State v. James W. Smith, 2010 WI 16, affirming 2009 WI App 16; for Smith: Shelley M. Fite, SPD, Madison Appellate
The § 301.45 reporting requirement applicable to any violation of false imprisonment of a minor not the defendant’s child is rationally related to a legitimate government interest in protecting the public, particularly children, ¶¶27-36.
Keep in mind that Smith challenged the statute as applied to him.