On Point: 45. WI Supreme Court

State v. Michael A. DeLain, 2005 WI 52, affirming, as modified, 2004 WI App 79
For DeLain: Robert R. Henak

Issue/Holding:

¶9        To obtain a conviction for a violation of Wis. Stat. § 940.22(2), the State must prove three elements beyond a reasonable doubt:  (1) that the defendant was or held himself or herself out to be a therapist; (2) that the defendant had intentional sexual contact with a patient or client;

State v. Brent R. Reed, 2005 WI 53, affirming as modified 2004 WI App 98, and overruling State v. Joseph M. Espinoza, 2002 WI App 51
For Reed: David H. Weber

Issue/Holding:

¶21    … Wisconsin JI——Criminal 1766A (2003) accurately sets forth the elements of obstructing an officer based on giving false information to police as follows:

1. 

State v. Thomas Scott Bailey Smith, Sr., 2005 WI 104, reversing 2004 WI App 116
For Smith: Patrick M. Donnelly, SPD, Madison Appellate

Issue/Holding1:

¶15      Here, too, we examine the statute providing for the crime, Wis. Stat. § 948.22(2), to determine the elements of the crime of failure to pay child support, and we focus on the conduct that is prohibited therein.

State v. Thomas Scott Bailey Smith, Sr., 2005 WI 104, reversing 2004 WI App 116
For Smith: Patrick M. Donnelly, SPD, Madison Appellate

Issue/Holding: Smith’s unsuccessful prior challenge to the court support order bars him, under principles of claim preclusion, from challenging the validity of the order in the present non-support prosecution, ¶¶21-23.

The court invokes this principle as justification for rejection of Smith’s requested jury instruction on whether the issuing court exercised “competent jurisdiction.” Given the court’s holding that this matter is not an element,

State v. Denis L.R., 2005 WI 110, affirming as modified 2004 WI App 51
For Intervenor Dawn R.: Dwight D. Darrow

Issue/Holding: Revelation of a child’s statement to a counselor, discussing whether or not she had been sexually abused, may not be resisted on ground of privilege:

¶7        We do not address these issues regarding waiver because we conclude that there is no privilege here.

Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion
For Shannon R.: Brian C. Findley, SPD, Madison Appellate

Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.

Holding:

¶40      In deciding the issue of foundation,

State v. Thomas Scott Bailey Smith, Sr., 2005 WI 104, reversing 2004 WI App 116
For Smith: Patrick M. Donnelly, SPD, Madison Appellate

Issue/Holding: Testimony of a court employee that she had examined a certified copy of a foreign court order and that the exhibit to be admitted into evidence was a copy of that order sufficiently authenticated the exhibit, ¶¶29-32.

State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866
For Burris: Joseph L. Sommers

Issue/Holding:

¶73. Judge Welker found that Burris disregarded the rules of his supervised release in order to satisfy his compulsive urges. Burris consumed alcohol, a drug that lowers inhibitions. He abused the privileges provided to him in order to meet a married woman and have sex with her,

State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals
For Evans: Robert R. Henak

Issue/Holding: The petition for writ of habeas corpus procedure mandated by State v. Knight, 168 Wis. 2d 509, 522, 484 N.W.2d 540 (1992) is the exclusive mechanism for seeking reinstatement of direct appeal deadlines lost on account of ineffective assistance of counsel;

State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 133, affirming unpublished decision of court of appeals
For Thorson: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding: Time spent in detention during ch. 980 proceedings may not be credited toward service of the underlying criminal sentence. ¶¶29-38.

Thorson was serving a sentence for a 980-qualifying offense,