On Point: 9. Crimes

Lavelle Chambers v. McCaughtry, 264 F.3d 732 (7th Cir 2001)
For Chambers: John T. Wasielewski

Issue/Holding: Chambers is liable for the killing of a police officer by Chambers’ codefendant, while the pair were trying to flee apprehension during commission of a felony (armed burglary).

State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142
For Badker: Timothy A. Provis

Issue: Whether the evidence was sufficient to sustain conviction for “hiding” corpse, § 940.11(2).

Holding: By dumping the deceased’s body into a 6-foot-deep, water-lined ditch in a secluded wildlife refuge, Badker satisfied the element of “hiding” under § 940.11(2).

State v. Murle E. Perkins, 2000 WI App 137, 237 Wis. 2d 313, 614 N.W.2d 25, reversed on other grounds, State v. Perkins, 2001 WI 46, ¶2 n. 2
For Perkins: William E. Schmaal, SPD, Madison Appellate

Issue: Whether a conditional threat to shoot a judge, made by a drunk and very depressed individual just before being taken into Ch. 51 emergency detention,

State v. Tyren E. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363
For Black: Michael S. Holzman

Issue: Whether the defendant’s admission of “handling” a gun established the element of “possesses” a firearm under § 941.29(2), for purposes of establishing a guilty plea factual basis.

Holding:

¶19 At the outset, we note the absence of any mens rea5 requirement in this statute.

State v. Eileen M. Entringer, 2001 WI App 157
For Entringer: William E. Schmaal, SPD, Madison Appellate

Issue: Whether, for purposes of the forgery statute, a person can falsely make a postal order by writing in the name of someone else as the payer.

Holding: Because forgery applies only to falsehoods that materially affect the document’s legal efficacy; and because “the money order was as good as cash,” listing another name as payer “had nothing to do with the genuineness of the execution of the money order” and “does not constitute ‘falsely making’ the money order.” ¶17.

State v. Jason J. Trawitzki, 2001 WI 77, 244 Wis. 2d 523, 628 N.W.2d 801, affirming State v. Trawitzki, 2000 WI App 205, 238 Wis. 2d 795, 618 N.W.2d 884
For Trawitzki: Donald T. Lang, SPD, Madison Appellate

Issue: Whether multiple charges of theft of firearms taken at the same time, and multiple charges of concealing those firearms, violated double jeopardy.

Holding: Multiplicity is a two-part test: determine whether the offenses are identical in both law and fact;

State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01
For Ramirez: Elizabeth A. Cavendish-Sosinski

Issue: Whether § 943.201(2) creates a continuing offense such that, as applied to Ramirez, it did not violate the ex post facto clause even though the statute was promulgated after he commenced the activity that formed the basis for the charge.

Holding:

¶18. We hold that Ramirez obtained money in the form of wages,

State v. Deborah J. Zimmerman, 2001 WI App 238
For Zimmerman: Charles B. Vetzner, SPD, Madison Appellate

Issue: Whether someone in the custody of a probation or parole agent “is in actual custody” for purposes of the escape statute, § 946.42.

Holding:

¶5. To be guilty of escape, Zimmerman must be found to be in custody. Wis JI-Criminal 1773. The relevant language of the escape statute defines custody to include “without limitation actual custody of an institution …

State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64
For Noble: Jeff P. Brinckman

Issue: Whether the evidence was sufficient to sustain a perjury conviction.

Holding: Proof of the elements of perjury — “(1) An oral statement while under oath; (2) The statement was false when made; (3) The defendant did not believe that the statement was true when he or she made it;

State v. Leslie M. Haynes, 2001 WI App 266, PFR filed 11/2/01
For Haynes: Gerald F. Kuchler

Issue: Whether “the arresting officer from Waukesha county was not acting in his official capacity or with lawful authority as a police officer when he asked [Haynes] to perform field sobriety tests, arrested her and transported her to a hospital for blood tests because the detention and arrest took place in Milwaukee county.”