On Point

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). […]

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 […]

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, […]

State v. Paul K. Shanks, 2002 WI App 93, PFR filed 4/11/02 For Shanks: Steven A. Koch Issue/Holding: Evidence held sufficient to support conviction for sexual assault of child, notwithstanding inconsistencies and equivocations in complainant’s testimony (court stressing that certain pretrial statements she made did implicate defendant), ¶25. Court also finds evidence sufficient on element […]

State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether § 948.11(2) is unconstitutional because it doesn’t require proof of knowledge of the age of the person to whom harmful materials are displayed (minority being the sole differentiating factor between noncriminal/protected and criminal conduct. […]

State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: ¶58. Applying these standards, we agree with the court of appeals that the 28 counts to which Multaler pled were not identical in fact. Although some of the downloaded image files […]

State v. Brian B. Burke, 2002 WI App 291, PFR filed 11/29/02 For Burke: Robert H. Friebert Issue/Holding: ¶22. We conclude that the members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included article IV, section 15 in the Wisconsin Constitution. The phrase […]

State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether an arrest for a traffic stop, lawful at inception, was unlawfully prolonged in order to obtain the driver’s consent to a strip search not reasonably related to the traffic violation. Holding: This issue is “closely related” to one […]

State v. Charles A. Wallace, 2002 WI App 61 For Wallace: Martha K. Askins, SPD, Madison Appellate Issue: Whether Wallace voluntarily consented, or merely acquiesced, to a strip search following arrest for a minor traffic violation. Holding: ¶19. The police made their request during the booking process and before Wallace’s bond had been posted. We concur […]

State v. John Tomlinson, Jr., 2002 WI 91, affirming 2002 WI App 212, 247 Wis. 2d 682, 635 N.W.2d 201 For Tomlinson: John J. Gray Issue: Whether the actions of the defendant’s minor daughter, in opening the door to the police and then walking back into the house when they asked for permission to enter, amounted consent for […]