Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
§ 941.29(2), Felon in Possession of Firearm — Foreign Conviction as Felony
State v. Alan C. Campbell, 2002 WI App 20, PFR filed 1/16/02 For Campbell: Alexander D. Cossi Issue: Whether Campbell’s conviction for forgery in another state is regarded as a felony for purposes of felon in possession, § 941.29. Holding: ¶6. We agree with Campbell that the Ohio forgery statute is broader than Wisconsin’s, and […]
§ 941.30(1), First-degree Reckless Endangering Safety – Not Lesser Included Offense of Aggravated Battery, § 940.19(5)
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 […]
§ 943.02, Arson – Sufficiency of Evidence
State v. Dale H. Chu, 2002 WI App, PFR filed 4/23/02 For Chu: Andrew Shaw Issue/Holding: Evidence held sufficient, despite disagreement of experts on how fire was started; the jury was required to determine whether defendant intentionally started the fire, not specifically how it was set. ¶44 Chu may instead be arguing that the verdicts […]
Exigency – Domestic Violence – Entry of Residence
State v. Mark S. Mielke, 2002 WI App 251, PFR filed 10/3/02 For Mielke: David J. Van Lieshout Issue/Holding: Warrantless entry of a residence by the police, to investigate a domestic violence report concededly providing probable cause, was supported by exigent circumstances where the police could reasonably conclude that the safety of the reported victim was being compromised. […]
Exigency — Warrantless Entry to Investigate Suspected Burglary
State v. Dennis Lee Londo , State v. Richard John Vernon, 2002 WI App 89, PFR filed 4/2/02 For Londo: Michael B. Plaisted For Vernon: Dennis P. Coffey, Seth P. Hartigan Issue: Whether the police were justified in warrantless entry and search of a residence, during which they seized contraband, in order to investigate a reported burglary. Holding: The police […]
Theft by Fraud, § 943.20(1)(d) — Elements — Agency
State v. Todd W. Timblin, 2002 WI App 304 For Timblin: Alex Flynn Issue: Whether agency necessarily becomes an element of theft by fraud, § 943.20(1)(d), when the defendant obtains the property through an intermediary. Holding: The intermediary must actually be an agent before an agency relationship is necessary to state’s proof. Where, as here, […]
Bail Jumping, § 946.69(1)(b) — Conviction on Underlying Crime Unnecessary
State v. Kelley L. Hauk, 2002 WI App 226 For Hauk: David D. Cook Issue/Holding: State need not charge defendant with both bail jumping and underlying crime in order to obtain conviction for bail jumping (i.e., violating bond by committing crime). ¶¶14-18. ¶19 We therefore conclude that as long as there is evidence sufficient to allow a […]
Obstructing, § 946.41(1) — Mere denial of Culapbility of Crime under Investigation
State v. Joseph M. Espinoza, 2002 WI App 51, subsequently overruled by State v. Brent R. Reed, 2005 WI 53 For Espinoza: Steven P. Weiss, SPD, Madison Appellate Issue: Whether a suspect’s mere denial of guilt of the crime under investigation may in and of itself establish probable cause for the separate crime of obstructing, § 946.41(1). […]
Private Interest in Public Contract, § 946.13(1)(a) — Sufficiency of Evidence
State v. Paul Venema, 2002 WI App 202 For Venema: Randall R. Garczynski Issue/Holding: ¶20 We reject Venema’s argument that a contract has to be in existence in order for a violation to occur under Wis. Stat. § 946.13(1)(a). Such an interpretation is undermined by the plain meaning of the statutory language. The common meaning of […]
§ 947.01, Disorderly Conduct — Private Mailings
State v. Glenn F. Schwebke, 2002 WI 55, affirming 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213 For Schwebke: Keith A. Findley, UW Law School Issue: Whether private, anonymous mailings to several individuals may support prosecution for disorderly conduct. Holding: ¶26… (T)he plain language of the statute does not specifically require a ‘public’ disturbance. Instead, […]
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.