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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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§ 943.10, Burglary – Sufficiency of Evidence – Owner’s Nonconsent
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶37 Owner nonconsent, like other elements of criminal offenses, may be proved by circumstantial evidence. See Bohachef v. State, 50 Wis. 2d 694, 700-01, 185 N.W.2d 339 (1971). The test on review is […]
§ 943.20(1)(b) and (3)(c) – Theft as Trustee/Bailee in Business Setting – Elements – Sufficiency of Evidence
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: ¶57 Next, we address Doss’s argument that there was insufficient evidence to support her conviction under Wisconsin Statute § 943.20(1)(b). Doss correctly recites the elements the State was required to establish to obtain a conviction: that (1) […]
Unauthorized Use of Personal Identifying Materials, § 943.201(2) – Generally, Continuing Offense<
State v. George W. Lis, Sr., 2008 WI App 82 For Lis: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶7 As relevant here, a person violates Wis. Stat. § 943.201(2) when he or she intentionally uses, attempts to use, or possesses with intent to use any personal identifying information … of an individual … (a) To […]
§ 943.201(2), Unauthorized Use of Personal Identifying Materials – Application to Closing of Fraudulently Opened Accounts: Liability Terminates
State v. George W. Lis, Sr., 2008 WI App 82 For Lis: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶1 … The key question in this appeal is whether Lis’s crimes continued after the fraudulent accounts he opened were closed. We conclude they did not. …… ¶8 In this case, Lis’s offense continued into 2003 […]
§ 943.34, Receiving Stolen Property: Venue
State v. Kenneth W. Lippold, 2008 WI App 130, PFR filed 8/18/08 For Lippold: Thomas J. Nitschke Issue/Holding: On a charge of receiving stolen property, venue may rest in the county where the underlying theft occurred (and, provable by circumstantial rather than direct evidence): ¶16 Extrapolating from the holding in Swinson, we conclude that because […]
Bail-Jumping, § 946.49(1)(a) – “Release from Custody” – Cash and Recognizance Bonds Support Bail Jumping
State v. Travis S. Dewitt, 2008 WI App 134, PFR filed 8/19/08 For Dewitt: William E. Schmaal, SPD, Madison Appellate Issue: Whether someone simultaneously held under personal recognizance and cash bonds can be guilty of bail jumping for acts committed in the jail. Holding: ¶12 … Wis. Stat. § 946.49 provides that someone who “having been released […]
Using Computer to Facilitate Child Sex-Crime, § 948.075(3) – Element of Act “Other Than … Computerized Communication”
State v. Eric T. Olson, 2008 WI App 171 For Olson: Byron C. Lichstein Issue/Holding: The “act other than element” of § 948.075(3) isn’t satisfied by either transmission of live video of the shirtless defendant, or by his prior sexual encounters with others he met on-line: ¶11 Accordingly, we read the statute to require that, […]
§ 948.07(6), Enticement — Causing Child to Enter Room for Purpose of Giving Controlled Substance
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: Providing cocaine to a minor in exchange for sex supported plea-based conviction for enticement within § 948.07(6), ¶23.
§ 948.08, Causing Child to Practice Prostitution – Repeated Sex Acts in Exchange for Cocaine
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue: Whether repeated “dope dating” (giving a minor cocaine on multiple occasions in exchange for sex) amounts to causing the child to practice prostitution within the meaning of § 948.08. Holding1: “Practice” prostitution: ¶15 Payette is […]
Possession of Child Pornography, § 948.12(1m) – Elements – Depiction of “Real” Children Necessary
State v. Jason K. Van Buren, 2008 WI App 26, PFR filed 1/23/08 For Van Buren: Waring R. Fincke Issue/Holding: Possession of child pornography, § 948.12(1m), requires depiction of real, as opposed to “virtual,” children: ¶6 … Wisconsin Stat. § 948.12(1m) (2005-06) [1] criminalizes the knowing possession of any “photograph … of a child engaging in […]
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