On Point blog, page 86 of 87
§ 940.32, Stalking – Sufficiency of Evidence
State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998)
For Sveum: Robert T. Ruth
Issue/Holding:
Johnson received several hang-up telephone calls on April 16, 1996. Sveum told Walls that he made the calls, and Walls relayed this information to Johnson. When asked how the phone calls made her feel, Johnson testified: “Scared. It was happening again.” She also testified that she “was very afraid”
Theft from Person, § 943.20(3)(e) – Element of “From the Person” – Property Taken from Person’s Wheelchair
State v. Sylvester Hughes, 218 Wis. 2d 538, 582 N.W.2d 49 (Ct. App. 1998)
For Hughes: Michael H. Kopp
Issue/Holding:
Accordingly, precisely because persons who use wheelchairs, and those who do not, deserve equal treatment and protection under the laws prohibiting theft,9 we conclude that theft “from the person” encompasses the taking of property from the wheelchair of one sitting in the wheelchair at the time of the taking.10
10 In this case,
Forgery § 943.38(2) – Elements: Intent to Defraud not Element
State v. Daniel T. O’Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998)
For O’Shea: Jeffrey D. Knickmeier
Issue/Holding: Forgery, §.943.38(2), does not require that the offender act with intent to defraud.
Our first inquiry must be to the language of the statute, particularly to the language in subsection 2 that refers to subsection 1. Subsection 2 states that an offender violates the subsection when he or she knowingly “utters … any forged writing or object mentioned in sub.
Fraudulent Use of Transaction Card, § 943.41(5)(a)1.a – Elements: Actual Possession not Necessary
State v. Daniel T. O’Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998)
For O’Shea: Jeffrey D. Knickmeier
Issue/Holding:
Shea alleges that § 943.41(3), Stats., requires the State to prove that the offender acquired actual possession of a cardholder’s financial transaction card without consent. …
We begin with the language of § 943.41(5)(a), Stats., which reads as follows:
1.
Harassment, §§ 947.013(1m)(b), (1r) — Sufficiency of Evidence — Act “Accompanied By” Credible Threat
State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998)
For Sveum: Robert T. Ruth
Issue/Holding:
Sveum contends that the evidence was insufficient to prove that “[t]he act [was] accompanied by a credible threat.” The only threats alleged in this case occurred on October 16, 1994, when Sveum, among other things, threatened to “blow [Johnson’s] head off.” The harassing conduct at issue,
§ 948.02(1), Sexual Assault — Sufficiency of Evidence
State v. Gary R. Brunette, 220 Wis. 431, 583 N.W.2d 174 (Ct. App. 1998)
For Brunette: Kevin Schram
Issue/Holding: Seven-year old’s testimony that she was touched on or near her “privates” and “potty place” sufficient to sustain conviction for first-degree sexual assault.
§ 948.21(1), Child Neglect — Sufficiency of Evidence
State v. Teresa L. Bellows, 218 Wis. 2d 614, 582 N.W.2d 53 (Ct. App. 1998)
For Bellows: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
…The State was required to prove that: (1) Bellows was responsible for the welfare of her three children; (2) she intentionally contributed to their neglect; and (3) the children were under the age of eighteen. See Wis J I-Criminal 2150. Only the second element was contested and now forms the basis for Bellows’
Possession of Controlled Substance – Sufficiency of Evidence – Presence of Substance in System
State v. John L. Griffin, 220 Wis. 2d 371, 584 N.W.2d 127 (Ct. App. 1998)
For Griffin: Donald T. Lang, SPD, Madison Appellate
Issue/Holding:
Like other jurisdictions, to be found guilty of possession of a controlled substance in Wisconsin, the defendant must have had the substance under his or her control and must have knowingly possessed the substance. See Wis J I-Criminal 920; Poellinger, 153 Wis.2d at 508,
Evidence of Unemployment and Large Sum of Money on Person — Admissibility: Simple Possession
State v. John L. Griffin, 220 Wis. 2d 371, 584 N.W.2d 127 (Ct. App. 1998)
For Griffin: Donald T. Lang, SPD, Madison Appellate
Issue/Holding:
Griffin was charged with drug possession. In State v. Pozo, 198 Wis.2d 705, 714, 544 N.W.2d 228, 232 (Ct. App. 1995), we stated that although a large amount of cash on an unemployed defendant may be relevant to whether the defendant is selling drugs,
Attempted Fraudulent Acquistion of Controlled Substance, § 961.43(1) — Sufficiency of Evidence
State v. Linda M. Henthorn, 218 Wis. 2d 526, 581 N.W.2d 544 Ct. App. 1998)
For Henthorn: Michael Yovovich, SPD, Madison Appellate
Issue/Holding:
Viewing the facts most favorable to the prosecution requires us to assume that, despite her denial, Henthorn in fact altered the prescription, changing the refill number from “1” to “11.” She then presented the prescription to the pharmacist but took no further action.