On Point: A. Statutory defenses

State v. Juan M. Navarro, 2001 WI App 225
For Navarro: Joseph M. Moore, SPD Trial, Juneau

Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges self-defense.

Holding: The trial court’s denial of in camera inspection without first conducting an evidentiary hearing on materiality was erroneous: Access may not be denied simply because the records aren’t within the state’s possession;

State v. Colleen E. Hansen, 2001 WI 53, 243 Wis. 2d 328, 626 N.W.2d 195, on certification
For Hansen: Pamela Pepper

Issue: “¶8 … ‘Does Wis. Stat. § 961.45 bar prosecution for the state crime of possession of cocaine with intent to deliver, where a defendant previously has been convicted, based on the same conduct, for the federal crime of conspiracy to possess cocaine with intent to distribute? Stated differently,

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.

State v. LaVere D. Wenger, 225 Wis.2d 495, 593 N.W.2d 467 (Ct. App. 1999)
For Wenger: Richard L. Wachowski

Holding: Duty-to-retreat instruction, Wis JI-Crim 810, properly submitted, though retreat would have been into defendant’s own home:

Here, the trial court used the pattern instruction to inform the jury of the applicable law on retreat.  The jury instruction put squarely before the jury the disputed issue of whether Wenger’s use of deadly force was reasonably necessary to “prevent or terminate the interference,”

State v. LaVere D. Wenger, 225 Wis.2d 495, 593 N.W.2d 467 (Ct. App. 1999)
For Wenger: Richard L. Wachowski

Holding: Violent acts of victim relevant to self-defense, as exception to general prohibition against character evidence, § 904.04(2), but exclusion of same harmless.

State v. David J. Lenz, 230 Wis.2d 529, 602 N.W.2d 173 (Ct. App. 1999)
For Lenz: Steven D. Phillips, SPD, Madison Appellate

Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations.

Holding: The crime of nonsupport is complete after each 120-day period of intentional failure to pay, including arrearages as well as current obligations,

State v. Ronald L. Monarch, 230 Wis.2d 542, 602 N.W.2d 179 (Ct. App. 1999)
For Monarch: Craig S. Lambert

Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations

Holding:: The crime of nonsupport is complete after each 120-day period of intentional failure to pay, including arrearages as well as current obligations,