On Point: 9. Crimes

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,

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.

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’

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,

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,

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.

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,