On Point blog, page 74 of 87
§ 940.03, Felony Murder — PTAC Allegation Superfluous
State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03
For Krawczyk: John T. Wasielewski
Issue/Holding:
¶25. Krawczyk next argues that he was incorrectly charged as “a party to the crime” of felony murder and that this error also rendered his plea to that offense unknowing. We agree with Krawczyk that the State did not need to include the party-to-a-crime allegation in the felony murder charge.
Battery to, and Intimidation of, a Witness § 940.201(2)(a) and (b) — Elements
State v. Anthony M. Cotton, 2003 WI App 154
For Cotton: Timothy T. Kay
Issue/Holding:
¶19. Following the preliminary hearing and bindover, the State filed an information containing new charges pertaining to Cotton’s encounter with Paikowski-one count of battery or threat of battery to Paikowski and a further similar count regarding Paikowski’s family pursuant to Wis. Stat. § 940.201(2)(a) and (b). These charges require the State to prove beyond a reasonable doubt that (1) the defendant caused or threatened to cause bodily harm to the victim or victim’s family,
§ 941.23, CCW – As-Applied Constitutionality, in Light of Wis. Const. Art. I, § 25
State v. Munir A. Hamdan, 2003 WI 113, on bypass
For Hamdan: Chris J. Trebatoski
Issue/Holding:
¶46. Under its broad police power, Wisconsin may regulate firearms. It may regulate the time, place, and manner in which firearms are possessed and used. The concealed weapons statute is a restriction on the manner in which firearms are possessed and used. See State v.
§ 941.23, CCW – Elements – “Go Armed”
State v. Munir A. Hamdan, 2003 WI 113, on bypass
For Hamdan: Chris J. Trebatoski
Issue/Holding:
¶20. To convict a person of carrying a concealed weapon in violation of Wis. Stat. § 941.23, the State must prove three elements. First, the State must show that a person who is not a peace officer went armed with a dangerous weapon. State v.
Identity Theft, § 943.201 – Obtaining Lower Bail, as Something of “Value”
State v. Pamela L. Peters, 2003 WI 88, on certification
For Peters: Terry W. Rose
Issue/Holding:
¶1. This case is before the court on certification from the court of appeals on a question of first-impression regarding the scope of Wisconsin’s identity theft statute, Wis. Stat. § 943.201(1999-2000). Specifically, the question is whether a defendant who misappropriates another’s identity and uses it during an arrest and in subsequent bail proceedings to obtain lower bail has done so “to obtain credit,
Escape, § 946.42 – “Actual Custody” – Dismissal of Charge but Parole Violation “Apprehension Request”
Meriter Hospital v. Dane County, 2003 WI App 248, affirmed, 2004 WI 145
Issue: Whether issuance of an “apprehension request” for alleged parole violation, following dismissal of pending charges upon jail inmate’s transfer to a hospital for treatment, leaves the person in “custody.”
Holding:
… We recently decided that a person did not have criminal status while hospitalized once a trial court stays confinement.
Escape, § 946.42 – “Actual Custody” – Effect of Stay of Probation Confinement Order
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03
For Edwards: Margaret A. Maroney, SPD, Madison Appellate
Issue/Holding: A probationer whose order of jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and therefore may not be charged with escape for leaving the hospital and failing to return to jail. ¶21, and distinguishing,
Sexual Contact, § 948.02(2) — Definition of “Chest,” § 939.22(19) — Applicability to Male Victim
State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03
For Forster: Martha K. Askins, SPD, Madison Appellate
Issue: Whether designation of “breast,” in § 939.22(19), applies to males as well females, so that touching of a male breast may constitute sexual assault.
Holding: The statute plainly applies to the “intimate parts,” including “chest,” “of a human being,” and therefore applies to both genders.
Sexual Assault, § 948.02(2) — Sufficiency of Evidence
State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03
For Forster: Martha K. Askins, SPD, Madison Appellate
Issue/Holding: The male victim’s testimony that the defendant “rubbed his nipple in a circular motion, while kissing [his] neck, for approximately twenty-five minutes,” established that the defendant touched an intimate part (chest) with illicit intent. ¶¶19-20.
§ 948.025, Repeated Sexual Assault — Remedy for Violation of Multiple Charging Proscription
State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03
For Cooper: John A. Birdsall
Issue: Whether the trial court properly remedied violation of § 948.025(3) (impermissible to charge in same action both repeated-acts and individual acts of sexual assault involving same victim in same time period) by dismissing the repeated-acts charge instead of the individual-act charges.
Holding:
¶15. We hold that a court may reverse a conviction on the repeated acts charge under Wis.