On Point

State v. Kimberly B., 2005 WI App 115 For Kimberly B.: Anthony G. Milisauskas Issue/Holding: “¶22      … The crime of physical abuse of a child, as applied to the matter at hand, requires proof beyond a reasonable doubt of the following three elements: (1) Kimberly caused bodily harm to Jasmine, (2) Kimberly intentionally caused such […]

State v. Marketta A. Hughes, 2005 WI App 155, PFR filed For Hughes: John T. Wasielewski Issue/Holding: ¶16      We conclude that the plain language of the statute makes clear that a seventeen-year-old employed by a parent to care for the parent’s child can be a person responsible for the welfare of the child. The record […]

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 […]

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 […]

State v. George Toland Ziedonis, 2005 WI App 249 For Ziedonis: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Police, responding to a “loose animal” complaint became sufficiently alarmed by the possibility the dogs’ owner was in need of assistance that their warrantless entry was justified under the community caretaker doctrine: ¶27      Like in Ferguson, the police “utilized alternative […]

State v. George Toland Ziedonis, 2005 WI App 249 For Ziedonis: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶14      One such exception is the community caretaker function, which arises when the actions of the police are “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.” State v. Anderson, […]

State v. David J. Roberson, 2005 WI App 195, affirmed on other grounds, 2006 WI 80 For Roberson: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: “(E)vidence acquired outside of the home after an in-home arrest in violation of Payton is not a product of the illegal governmental activity, if officers had probable cause to arrest developed apart from the illegal […]

State v. Shaun E. Kelley, 2005 WI App 199 For Kelley: Gregory Bates Issue/Holding: ¶13      Kelley also argues that the search violated the scope of consent. He contends that an accelerant and phone handset could not have been found under his bed and therefore that place should not have been searched. We disagree. … ¶14      […]

State v. Shaun E. Kelley, 2005 WI App 199 For Kelley: Gregory Bates Issue/Holding: ¶12      Kelley contends that the police should have disclosed that they had reason to believe he had child pornography in his apartment. We are not persuaded that the detectives’ failure to disclose all their suspicions invalidated an otherwise validly obtained consent. […]

Brown County DHS v. Terrance M., 2005 WI App 57 Issue/Holding: ¶11. The trial court ruled and the County now argues that Terrance’s substitution request was untimely because it was not filed before “hearing of any preliminary contested matters” under Wis. Stat. § 801.58. Terrance argues the applicable statute is Wis. Stat. § 48.29, which […]