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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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§ 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). […]
§ 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 […]
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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.