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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 — Prolonged to Seek Consent to Search Automobile
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue/Holding: ¶24. It is true that when an officer has fulfilled the purpose of a lawful stop, the officer’s request for permission to search the vehicle does not, in itself, transform the stop into an unlawful one. State v. Gaulrapp, 207 Wis. […]
Reasonable Suspicion – Stop – Basis: Matching Description of Automobile Under Investigation for Earlier Crime
State v. Vernell T. Williams, 2002 WI App 306 For Williams: Michael A. Haakenson Issue: Whether reasonable suspicion supported the stop of defendant’s car four days after a reported domestic abuse incident, because the car generally matched the description of the suspect’s car. Holding: ¶14. We conclude that Officer Garcia did have knowledge of facts sufficient […]
Reasonable Suspicion – Stop – Basis – Test – Within Residence
State v. Jeffrey Stout, 2002 WI App 41, PFR filed 2/21/02 For Stout: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether Stout was seized when police entered the residence. Holding: ¶21. … (W)e are left with the presence of three officers in the room and whether their presence, absent the display of a weapon, physical […]
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 […]
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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.