On Point

State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03 For Zimmerman: Keith A. Findley, UW Law School Issue/Holding: Although “most of the persuasive evidence against” Zimmerman was his own statements and alibi; and although a conviction may not be based solely on a negative inference drawn from the defendant’s own version, other evidence […]

State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue/Holding: ¶25. Krawczyk next argues that he was incorrectly charged as “a party to the crime” of felony murder and that this error also rendered his plea to that offense unknowing. We agree with Krawczyk that the State did […]

State v. Anthony M. Cotton, 2003 WI App 154 For Cotton: Timothy T. Kay Issue/Holding: ¶19. Following the preliminary hearing and bindover, the State filed an information containing new charges pertaining to Cotton’s encounter with Paikowski-one count of battery or threat of battery to Paikowski and a further similar count regarding Paikowski’s family pursuant to […]

State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue/Holding: ¶20. We find that the state constitutional right to bear arms is fundamental. It is indeed a rare occurrence for the state constitution’s Declaration of Rights to be amended. See Monks, The End of Gun Control, 2001 Wis. […]

State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶46. Under its broad police power, Wisconsin may regulate firearms. It may regulate the time, place, and manner in which firearms are possessed and used. The concealed weapons statute is a restriction on the manner in which firearms are […]

State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶20. To convict a person of carrying a concealed weapon in violation of Wis. Stat. § 941.23, the State must prove three elements. First, the State must show that a person who is not a peace officer went armed with a dangerous […]

State v. Timothy T. Clark, 2003 WI App 121 For Clark: Rodney Cubbie Issue/Holding: Police tow of an automobile for “safekeeping,” even though “none of the typical public safety concerns illustrated by Opperman are at issue,” but rather on the ground that the vehicle was unlocked and therefore potentially at risk of theft, was unreasonable because effective alternatives […]

State v. Scott Michael Harwood, 2003 WI App 215 For Harwood: Pat J. Schott, Margaret G. Zickuhr Issue: Whether warrantless entry was supported by both probable cause and exigent circumstances, as required by State v. Hughes, 2000 WI 24, ¶17, 233 Wis. 2d 280, 607 N.W.2d 621, based upon a tenant’s reporting a break-in at another apartment […]

State v. Pamela L. Peters, 2003 WI 88, on certification For Peters: Terry W. Rose Issue/Holding: ¶1. This case is before the court on certification from the court of appeals on a question of first-impression regarding the scope of Wisconsin’s identity theft statute, Wis. Stat. § 943.201(1999-2000). Specifically, the question is whether a defendant who misappropriates another’s identity and […]

Meriter Hospital v. Dane County, 2003 WI App 248, affirmed, 2004 WI 145 Issue: Whether issuance of an “apprehension request” for alleged parole violation, following dismissal of pending charges upon jail inmate’s transfer to a hospital for treatment, leaves the person in “custody.” Holding: … We recently decided that a person did not have criminal […]