On Point blog, page 82 of 87
First Amendment – Scienter – Exposure to Harmful Materials via Internet, § 948.11
State v. Lane R. Weidner, 2000 WI 52, 235 Wis. 2d 306, 611 N.W.2d 684, on certification
For Weidner: Steven D. Phillips, SPD, Madison Appellate
Issue: Whether § 948.11(2) is unconstitutional.
Holding:
¶43 In sum, we determine that Wis. Stat. § 948.11(2) is unconstitutional in the context of the internet and other situations that do not involve face-to-face contact. Because the statute does not require the State to prove a defendant’s knowledge of the victim’s age when disseminating materials deemed harmful to children,
First Amendment – Overbreadth – Video Showing Nudity, § 944.205 (1999-2000)
State v. Scott L. Stevenson, 2000 WI 71, 236 Wis. 2d 86, 613 N.W.2d 72, on certification
For Stevenson: Elizabeth Cavendish-Sosinski, Daniel P. Fay
Issue: Whether § 944.205(2)(a) is overbroad.
Holding: Yes. § 944.205(a) (a) prohibits depictions of nudity without the person’s knowledge and consent. Because this statute implicates first amendment rights, the state assumes the burden of proving its constitutionality beyond a reasonable doubt.
§ 940.20(1), Battery by Prisoner — Probationer
State v. James T. Fitzgerald, 2000 WI App 55, 233 Wis. 2d 584, 608 N.W.2d 391
For Fitzgerald: Daniel P. Dunn
Issue: Whether a probationer in custody under a probation hold is necessarily a “prisoner” within the battery by prisoner statute, Wis. Stat. § 940.20(1).
Holding: Because a “prisoner” is someone confined as a result of a violation of the law; and because probation rules and conditions have the force of law,
§ 940.23(1), Reckless Injury — “Utter Disregard for Human Life”
State v. Stephen L. Jensen, 2000 WI 84, 236 Wis. 2d 521, 613 N.W.2d 170, affirming unpublished decision
For Jensen: James L. Fullin, SPD, Madison Appellate
Issue1: Whether the first degree reckless injury (§ 940.23(1)) element of “utter disregard for human life” requires proof of the actor’s subjective awareness of the risk of death.
Holding: “¶17 Although ‘utter disregard for human life’ clearly has something to do with mental state,
§ 943.10, Burglary – Sufficiency of Evidence – Fingerprint Evidence
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753
For Scott: Joseph E. Redding
Issue: Whether the evidence was sufficient to support conviction for burglary/theft.
Holding: Evidence that defendant’s fingerprint was found on the “dock station” from which a lap-top was stolen from an office that sold only to other businesses and was not open to the public; and that defendant neither had worked nor had permission to be there sufficed to support the conviction.
§ 943.10(1)(a), Burglary – Entry to Commit Felony (Bail Jumping, § 946.49(1)(b))
State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376
For Semrau: John D. Lubarsky, SPD, Madison Appellate
Issue: Whether the commission of felony bail jumping, by entering the complainant’s home in violation of bond conditions, supports burglary-entry of dwelling with intent to commit felony.
Holding: The underlying felony component of burglary must be a crime against persons or property; Semrau’s “core conduct”
§ 943.38, Forgery – Endorsement with Fictitious Name as Commercially Acceptable Practice
State v. Scot A. Czarnecki, 2000 WI App 155, 237 Wis.2d 794, 615 N.W.2d 672
For Czarnecki: Patrick M. Donnelly, SPD, Madison Appellate
Issue: Whether use of an assumed name in endorsing a check may subject the endorser to forgery charge.
Holding:
¶7 In further support of his challenge to the sufficiency of the evidence, Czarnecki argues that even if he endorsed the checks with the surname “Dougan,” there was nothing false or unlawful about these endorsements.
§ 946.49, Bail Jumping — Condition Restricting Contact with Individual
State v. Peter J. Schaab, 2000 WI App 204, 238 Wis. 2d 598, 617 N.W.2d 872
For Schaab: Michael G. Artery
Issue: Whether the evidence supported bindover on bail jumping, where the allegedly violated bond condition allowed Schaab to have “incidental contact at work” with an individual, and Schaab was seen talking to the individual at the work site after Schaab was no longer employed there.
Holding: Bail jumping requires intentional violation of a bond condition,
§ 940.24, Negligent Offenses — handling dangerous weapon – dogs
State v. Jene R. Bodoh, 226 Wis.2d 718, 595 N.W.2d 330 (1999), affirming State v. Bodoh, 220 Wis.2d 102, 582 N.W.2d 440 (Ct. App. 1998)
For Bodoh: Michael D. Mandelman
Holding: A dog can be a dangerous weapon if used or intended or intended to be used in a manner calculated or likely to cause death or great bodily harm. (This holding has the effect of ratifying a prior court of appeals decision on this point,
Common Law Privileges – Self-Defense, as Applied to Carrying Concealed Weapon
State v. John V. Dundon, 226 Wis.2d 654, 594 N.W.2d 780 (1999), on certification
For Dundon: William S. Coleman, SPD, Milwaukee Appellate.
Holding:
¶36 In Coleman, we recognized that “a narrow defense of privilege under Wis. Stat. § 939.45(6) exists to a charge of felon in possession of a firearm.” Coleman, 206 Wis. 2d at 210.