On Point blog, page 22 of 22
§ 948.22(2), Nonsupport –statute of limitations, unit of prosecution
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,
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”