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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.
§ 940.225(7), Sexual Intercourse with Corpse – Defendant Didn’t Cause Death
State v. Alexander Caleb Grunke / State v. Dustin Blake Radke, 2008 WI 82, reversing 2007 WI App 198
For Grunke: Suzanne Edwards
For Radke: Jefren E. Olsen, SPD, Madison Appellate
Issue: Whether § 940.225 criminalizes sexual contact or sexual intercourse with a victim already dead at the time of the sexual activity when the accused did not cause the death of the victim.
Expectation of Privacy, Generally
State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision
For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate
Issue/Holding
¶21 This second component reflects that protections from unreasonable searches and seizures, as described in the Fourth Amendment of the federal constitution [15] as well as Article I, § 11 of the state constitution, [16] must be determined by reference to the “‘scope of privacy that a free people legitimately may expect.’”
§ 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 whether the evidence presented was sufficient to prove guilt beyond a reasonable doubt,
§ 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) she had possession of money as a result of her position as a personal representative of her father’s estate;
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 obtain credit, money, goods, services, employment, or any other thing of value or benefit.
§ 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 and 2004 only if he received a “thing of value or benefit” after the accounts were closed in 2000.
§ 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 the crime of receiving stolen property requires more than two acts,
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 from custody under [Wis.
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, before the State may obtain a conviction under WIS. STAT.
§ 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.
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.