On Point blog, page 1 of 1
COA finds sufficient evidence for all elements of resisting an officer
State v. Scott H. Wenger, 2017AP2305, 6/14/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Wenger got arrested for disorderly conduct and resisting at Art in the Park in Stevens point. The circuit court dismissed the DC but found him guilty, after a bench trial, of resisting. He claims insufficient evidence as to all three elements of resisting an officer:
Common Law Privileges – Right to Resist Unlawful Arrest
State v. Shonna Hobson, 218 Wis.2d 350, 577 N.W.2d 825 (1998), on certification
For Hobson: Keith A. Findley, John A. Pray, LAIP, UW Law School
Holding: Wisconsin recognizes a common law privilege to forcibly resist an unlawful arrest (i.e., w/o made w/o probable cause); but having recognized that privilege, the court simultaneously abrogates it (albeit prospectively only, because of ex post facto concerns). The holding is limited to “unlawful interference with the person”