On Point

State v. Gabriel DeRango, 229 Wis.2d 1, 599 N.W.2d 27 (Ct. App. 1999), affirmed on other grounds, State v. Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 83 For DeRango: Robert G. LeBell Holding: The evidence was sufficient, largely because the complainant’s refusal to go along with DeRango’s scheme constituted intervention of another person, so as […]

State v. Deborah J.Z., 228 Wis.2d 468, 596 N.W.2d 490 (Ct. App. 1999), affirmed by equally divided vote, 225 Wis.2d 33, 590 N.W.2d 711 (1999) For Deborah J.Z.: Sally Hoelzel Holding: An unborn child is not a “human being” under the controlling definition in § 939.22(16), and the defendant therefore can’t be charged with attempting to kill […]

State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999) For Edmunds: Dean A. Strang Holding: “Utter disregard for human life,” an element of first-degree recklessness, derives from the old second-degree (depraved murder) statute. It imposes an objective test. Therefore, in this shaken baby death, it’s irrelevant whether Edmunds had “personal […]

State v. Derrick D. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999) For Johannes: Gregory A. Petit Holding: Johannes was convicted of several counts related to criminally negligent operation of a vehicle. The state’s theory was that Johannes crossed a centerline when he either fell asleep or played with a stereo. He now […]

State v. Charles Dante Higgs, 230 Wis.2d 1, 601 N.W.2d 653 (Ct. App. 1999) For Higgs: Joseph E. Redding Issue: Whether splashing the victim’s face with urine satisfies the battery element of bodily harm. Holding: The mere fact that urine struck the victim’s face isn’t enough to establish bodily harm, but the victim’s testimony that he felt […]

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Officer’s invasion of home’s curtilage, where he smelled marijuana burning inside, held unlawful. Court enumerates various factors relevant to extent of curtilage protection, and stresses that fourth amendment protects both home and area around […]

State v. Richard D. Yakes, 226 Wis.2d 425, 595 N.W.2d 108 (Ct. App. 1999) Issue/Holding: Yakes owned a commercial enterprise, on whose property was a dumpster owned by the disposal company. The police, acting without a warrant, seized evidence from the dumpster. Yakes, the court of appeals holds, did not demonstrate a reasonable expectation of privacy […]

State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether an act may satisfy the “substantial factor” test for causation element if it merely plays a prominent rather than lone role in the proscribed result. Holding: Causation is satisfied by any significant, not necessarily […]

State v. Keith Jones, 228 Wis.2d 593, 598 N.W.2d 259 (Ct. App. 1999) For Jones: Edward J. Hunt Holding: In the course of making their get-away, Jones’s shoplifting codefendant allegedly threatened Shogren, a pursuing guard. Notwithstanding the codefendant’s acquittal, Jones’s conviction for armed robbery is sustained against a sufficiency of evidence challenge. Here, there was […]

State v. David J. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999) For Gardner: Steven P. Weiss, SPD, Madison Appellate Holding: Gardner was convicted of burglary while armed, § 943.10(2), and argues that the crime requires a nexus of weapon to burglary. The argument fails, largely on authority of State v. Norris, […]