On Point: 9. Crimes

Annette Petrowsky v. Brad Krause, 223 Wis. 2d 32, 588 N.W.2d 318 (Ct. App. 1998)
For Krause: Russell D. Bohach
For Petrowsky: Thomas McAdams, Pro Bono Project

Issue/Holding:

The issue on appeal is who constitutes a “household member” under the domestic abuse statute. This involves the construction of a statute. Interpretation of a statute is a question of law that appellate courts review without deference to the trial court.

State v. Lester E. Hahn, 221 Wis. 2d 670, 586 N.W.2d 5 (Ct. App. 1998)
For Hahn: Bruce Elbert

Issue/Holding: The meaning of “gambling machine” is sufficiently well-understood as to survive a vagueness challenge. (The court reserves whether “contrivance” might be vague when applied to facts not raised by this case.)

State v. Lester E. Hahn, 221 Wis. 2d 670, 586 N.W.2d 5 (Ct. App. 1998)
For Hahn: Bruce Elbert

Issue/Holding:

We reject Hahn’s argument that expert testimony was necessary to establish that these video poker machines were gambling machines. Although Hahn refers to cases from other jurisdictions in which technical aspects of the machines’ functions were at issue, he does not relate those cases to any disputed issue here.

State v. Gordon Hammer, 216 Wis. 2d 214, 576 N.W.2d 285 (Ct. App 1997)
For Hammer: Charles W. Jones, Jr.

Issue: Whether juror unanimity is required for burglary, as to which felony was intended during the unlawful entry.

Holding:

In addressing Hammer’s unanimity claim, we engage in a two-step process. We must first determine whether this statute creates only one offense with multiple modes of commission or,