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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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Reasonable Suspicion — Stop — Duration — Seeking Consent to Search Automobile After Purpose of Stop Fulfilled
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue/Holding: Request to search car after purpose of lawful, routine traffic stop satisfied doesn’t make stop unlawful; validity turns on fact-specific inquiry. ¶¶24-25.
§ 939.32, Attempt – In General
State v. Brian D. Robins, 2002 WI 65, on bypass For Robins: Craig W. Albee Issue/Holding: ¶37. The crime of attempt is complete when the intent to commit the underlying crime is coupled with sufficient acts to demonstrate the improbability of free will desistance; the actual intervention of an extraneous factor is not a “third element” […]
Attempted Child Enticement, §§ 939.32, 948.07(1) — Internet Sting Operation
State v. Brian D. Robins, 2002 WI 65, on bypass For Robins: Craig W. Albee Issue: Whether attempted child enticement is a prosecutable offense, where the “child victim” was in fact a government agent posing as a child as part of a government sting operation. Holding: That the “victim” was fictitious is the extraneous factor intervening to make the […]
Attempted Child Enticement, §§ 939.32, 948.07(1) — Adult Posing as Child Online
State v. Thomas W. Grimm, 2002 WI App 242 For Grimm: Daniel W. Hildebrand Issue/Holding: State v. Robins, 2002 WI 65, 253 Wis. 2d 298, 646 N.W.2d 287, and State v. Koenck, 2001 WI App 93, 242 Wis. 2d 693, 626 N.W.2d 359, which permit enticement charges where a fictitious online “victim” is thought by the defendant to […]
Attempted Second-degree Sexual Assault, §§ 939.32, 948.02(2) — Adult Posing as Child Online
State v. Thomas W. Grimm, 2002 WI App 242 For Grimm: Daniel W. Hildebrand Issue/Holding: The rationale of State v. Robins, 2002 WI 65, 253 Wis. 2d 298, 646 N.W.2d 287, and State v. Koenck, 2001 WI App 93, 242 Wis. 2d 693, 626 N.W.2d 359, which permit enticement charges where a fictitious online “victim” is thought by the […]
§ 940.02 (1969), Second-Degree Intentional Murder — Sufficiency of Evidence (Battered Child)
State v. Arden C. Hirsch, 2002 WI App 8For Hirsch: Paul G. LaZotte, UW Law School, LAIP Issue: Whether the evidence was sufficient to sustain conviction for second-degree murder, § 940.02 (1969). Holding: Discrepancies between the parent’s version of what happened to the child and medical expert testimony as to what could not have, or what must […]
§ 940.02, First Degree Reckless Homicide — Refusal to Instruct on, as Lesser Offense
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue: Whether the first-degree intentional homicide defendant was entitled to an instruction on the lesser offense of first-degree reckless homicide. Holding: Barreau must show a reasonable basis for negating intent to kill. The victim was killed by multiple blows to the head with […]
§ 940.05(2), Intentional Homicide — Imperfect Self-Defense
State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶103. Based on the plain language of Wis. Stat. § 940.05(2), supported by the legislative history and articulated public policy behind the statute, we conclude that when imperfect self-defense is placed […]
§ 940.31(1)(b), Kidnapping — Sufficiency of Evidence — “Confinement”
State v. Charles J. Burroughs, 2002 WI App 18 For Burroughs: William F. Mross Issue/Holding: The term “confine” has been defined under § 940.30 (false imprisonment), to mean compelled deprivation of free movement. ¶18. Therefore, the definition of “confine” in Wis JI-Criminal No. 1275 applies to kidnapping. ¶19. Applying that definition: physical force isn’t essential; nor […]
§ 940.19(5), Aggravated Battery — First-degree Reckless Endangering Safety, § 941.30(1), Not Lesser Included Offense of
State v. Russell L. Dibble, 2002 WI App 219, PFR filed 8/14/02 For Dibble: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: First-degree recklessly endangering safety, § 941.30(1), is not a lesser included offense of aggravated battery, § 940.19(5), under the “elements-only” test. Aggravated battery requires intent (to cause great bodily harm); endangering safety requires recklessness (while showing utter disregard for human life). […]
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