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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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Terry Stop – Basis – Anonymous Tip, Generally
State v. Eugene Patton, 2006 WI App 235 For Patton: Daniel R. Clausz Issue: Whether the police had reasonable suspicion to detain on the basis of an anonymous tip, where the suspects not only matched the description of the anonymously-reported armed robbery, but also engaged in potentially suspicious behavior in response to police presence. Holding: ¶21 Thus, the instant […]
Stop – Basis – Reasonable Suspicion, “Evasion and Flight”
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Refusal to obey an officer’s command to halt reinforces extant reasonable suspicion to stop the individual: ¶73 Officer Alfredson testified that after he ordered Young to return to the car the first time, Young “turned and started walking […]
Stop – Duration – Traffic Offense – Prolonged by Seeking Consent to Search
State v. Calvin R. Kolk, 2006 WI App 261 For Kolk: Michael Zell Issue/Holding: The (lawful) traffic stop’s purpose concluded when the officer returned Kolk’s license and registration and issued his warning; however, the officer had not released Kolk from the temporary detention caused by the traffic stop when he next asked for consent to search […]
§ 940.10(1), Homicide by Negligent Operation of Vehicle — Elements
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶19 Wisconsin Stat. § 940.10(1) provides that a person who “causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony.” The term “negligent” as used […]
§ 940.10(1), Homicide by Negligent Operation of Vehicle — Sufficiency of Evidence
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶34 In sum, we conclude that the State presented sufficient evidence for jurors to reasonably conclude, beyond a reasonable doubt, that Schutte’s conduct prior to the collision was criminally negligent within the meaning of Wis. Stat. §§ 939.25 […]
§ 940.10(1), Homicide by Negligent Operation of Vehicle — Jury Instructions — Elements
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue: Whether the trial court invaded the jury’s province when it instructed that the court of appeals had held in State v. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999) that a criminally negligent act had occurred […]
§ 940.31(1)(b), Kidnapping – Elements & Mitigation
State v. Reinier A. Ravesteijn, 2006 WI App 250 For Ravesteijn: Rudolph L. Oldeschulte Issue/Holding: Kidnapping is mitigated from a Class B to Class C felony if the victim is released without permanent physical injury prior to the first witness’s testimony, ¶17. When accepting a guilty plea to Class B kidnapping the court must ascertain a […]
§ 940.225(2)(h), Sexual Assault by Correctional Staff Member – Courthouse Bailiff not “Correctional Staff”
State v. Delano L. Terrell, 2006 WI App 166 For Terrell: Martin E. Kohler, Brian Kinstler, Christopher M. Eippert Issue: Whether a sheriff’s deputy assigned to work as a court bailiff is a “correctional staff member” so as to come within § 940.225(2)(h). Holding: A “correctional staff member” is defined as an individual who works […]
§ 940.25(1)(am), Injury by Intoxicated Use of Motor Vehicle – Constitutionality
State v. Eric Benjamin Gardner, 2006 WI App 92 For Gardner: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding1: The elements of § 940.25(1)(am) – the defendant operated a vehicle with “a detectable amount of a restricted controlled substance in his or her blood, and the operation of the vehicle caused great bodily harm to the […]
§ 940.32(2) & (3)(c), Stalking — Elements, Generally
State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: Use of a weapon is an element of stalking with a dangerous weapon, and the offense has therefore not been committed until the weapon has been employed (though the offense of stalking has been), ¶8 and id., […]
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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.