On Point: A. Statutory defenses

State v. Bobby R. Dabney, 2003 WI App 108, PFR filed 5/23/03
For Dabney: Lynn E. Hackbarth

Issue/Holding:

¶21. Here, it is undisputed that the DNA profile complaint and warrant were issued three days before the statute of limitations expired. We have already concluded that the complaint and warrant in this case were sufficient to commence the prosecution. Thus, the case was timely filed.

State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89
For Hamilton: Robert A. Ramsdell

Issue/Holding:

¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action to collect child support arrearages in 2000.

State v. Jesse H. Swinson, 2003 WI App 45, PFR filed 3/24/03
For Swinson: Pamela Pepper

Issue/Holding: Greater statutory double jeopardy protection afforded drug prosecution under § 961.45 than non-drug prosecution under § 939.71 doesn’t violate equal protection:

¶55. We note that while Wis. Stat. § 939.71 adheres to the dual sovereignty doctrine, Wis. Stat. § 961.45 does not. We therefore conclude, as the supreme court did in Petty,

State v. Debra Ann Head, 2002 WI 99, reversing, 2000 WI App 275

(See summaries at Defenses — Defense of Self, and scroll down)

State v. Carroll D. Watkins, 2002 WI 101, affirming as modified 2001 WI App 103, 244 Wis. 2d 205, 628 N.W.2d 419
For Watkins: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding: Accident has long-existed as a defense that “excuses” homicide, and therefore is incorporated in § 939.45(6) as a privilege “for any other reason.” ¶37. It is not, however, “a true affirmative defense”

State v. Tony Nollie, 2002 WI 4, on certification
For Nollie: Erich Straub

Issue: Whether defendant was entitled to assert the privilege of self-defense to the charge of carrying concealed weapon.

Holding:

¶24. To argue self-defense, Nollie’s offer of proof must indicate that he had an actual and reasonable belief of actual or imminent unlawful interference. In this case, there was no actual or imminent unlawful interference to speak of.

State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9
For Head: John D. Hyland, Marcus J. Berghan

Issue/Holding:

¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be considered in determining whether a sufficient factual basis exists to raise a claim of self-defense.

State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9
For Head: John D. Hyland, Marcus J. Berghan

Issue/Holding:  

¶84. To raise the issue of perfect self-defense, a defendant must meet a reasonable objective threshold. The trial evidence must show: (1) a reasonable belief in the existence of an unlawful interference;

State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9
For Head: John D. Hyland, Marcus J. Berghan

Issue/Holding:

¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be considered in determining whether a sufficient factual basis exists to raise a claim of self-defense.

State v. Anthony J. Randle, 2002 WI App 116, PFR filed 4/2/02
For Randle: Paul G. Bonneson

Issue: Whether territorial jurisdiction, acquired over the charged offense, may be lost over a lesser offense whose elements do not include any committed within the state.

Holding:

¶20 … Like criminal subject matter jurisdiction, once territorial jurisdiction attaches, it will continue until a final disposition of the case.