On Point: 45. WI Supreme Court

State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265
For Gallion: Randall E. Paulson, SPD, Milwaukee App
Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School

Issue/Holding:

¶23. McCleary further recognized that “[t]he sentence imposed in each case should call for the minimum amount of custody or confinement which is consistent with the protection of the public,

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 Charles A. Dunlap, 2002 WI 19, reversing, 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398
For Dunlap: Jack E. Schairer, SPD, Madison Appellate

Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault, even though the evidence would normally be barred by the rape shield law,

State v. Anthony J. Leitner, 2002 WI 77, affirming 2001 WI App 172, 247 Wis. 2d 195, 633 N.W.2d 207
For Leitner: Jefren Olsen, SPD, Madison Appellate

Issue: Whether the expunction statute, § 973.015, requires prosecutors and law enforcement agencies to expunge their records documenting the facts underlying an expunged conviction.

Holding:

¶38. Although the Wisconsin legislature has not explicitly set forth the purpose of Wis. 

State v. Jimmie Davison, 2002 WI App 109, reversed on other grounds, 2003 WI 89
For Davison: Keith A. Findley, UW Law School

Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13.

The supreme court took review on this threshold issue: “First, does a criminal defendant who pleads guilty to several crimes in a negotiated plea agreement waive the right to raise a multiplicity claim against one of the resulting convictions?” ¶2.

State v. Robert S. Robinson, 2002 WI 9, on certification
For Robertson: Leonard D. Kachinsky

Issue/Holding:

¶2. The question of law raised on appeal is what is the appropriate remedy when an accused is convicted on the basis of a negotiated plea agreement and the counts later are determined to be multiplicitous, violating the accused’s state and federal constitutional guarantees against double jeopardy?

State v. Brian D. Robins, 2002 WI 65, on bypass
For Robins: Craig W. Albee

Issue: Whether  prosecution for child enticement initiated over the Internet violates the first amendment.

Holding: The first amendment doesn’t extend to speech that is incidental to or part of the criminal course of conduct.

¶43. The child enticement statute regulates conduct, not speech. The statute protects against the social evil and grave threat presented by those who lure or attempt to lure children into secluded places,

State v. Brian D. Robins, 2002 WI 65, on bypass
For Robins: Craig W. Albee

Issue/Holding:

¶37. The crime of attempt is complete when the intent to commit the underlying crime is coupled with sufficient acts to demonstrate the improbability of free will desistance; the actual intervention of an extraneous factor is not a “third element” of the crime of attempt, although it is often part of the proof. 

State v. Brian D. Robins, 2002 WI 65, on bypass
For Robins: Craig W. Albee

Issue: Whether attempted child enticement is a prosecutable offense, where the “child victim” was in fact a government agent posing as a child as part of a government sting operation.

Holding: That the “victim” was fictitious is the extraneous factor intervening to make the crime attempted rather than completed enticement. 

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:

¶103. Based on the plain language of Wis. Stat. § 940.05(2), supported by the legislative history and articulated public policy behind the statute, we conclude that when imperfect self-defense is placed in issue by the trial evidence,