On Point

Lavelle Chambers v. McCaughtry, 264 F.3d 732 (7th Cir 2001) For Chambers: John T. Wasielewski Issue/Holding: Chambers is liable for the killing of a police officer by Chambers’ codefendant, while the pair were trying to flee apprehension during commission of a felony (armed burglary).

State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142 For Badker: Timothy A. Provis Issue: Whether the evidence was sufficient to sustain conviction for “hiding” corpse, § 940.11(2). Holding: By dumping the deceased’s body into a 6-foot-deep, water-lined ditch in a secluded wildlife refuge, Badker satisfied the element of “hiding” […]

State v. Murle E. Perkins, 2000 WI App 137, 237 Wis. 2d 313, 614 N.W.2d 25, reversed on other grounds, State v. Perkins, 2001 WI 46, ¶2 n. 2 For Perkins: William E. Schmaal, SPD, Madison Appellate Issue: Whether a conditional threat to shoot a judge, made by a drunk and very depressed individual just before being taken […]

State v. Tyren E. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363 For Black: Michael S. Holzman Issue: Whether the defendant’s admission of “handling” a gun established the element of “possesses” a firearm under § 941.29(2), for purposes of establishing a guilty plea factual basis. Holding: ¶19 At the outset, we note […]

State v. Michael J. Kryzaniak/Sherry L. Kryzaniak, 2001 WI App 44 For Kryzaniak: Raymond G. Meyer II Issue: Whether warrantless entry of a residence to arrest a third party was justified by the exigent circumstance of hot pursuit. Holding: ¶18 … (T)here was no immediate or continuous pursuit of a suspect from the scene of […]

State v. Edward Garrett, 2001 WI App 240, PFR filed For Garrett: Michael P. Sessa Issue: Whether warrantless entry of defendant’s apartment was justified under the exigent circumstances doctrine (risk that evidence — drugs — will be destroyed). Holding: Warrantless entry of a residence may be justified where both probable cause and exigent circumstances are shown. Probable […]

State v. Daniel Rodriguez, 2001 WI App 206, PFR filed 9/19/01 For Rodriguez: Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether warrantless police entry of a residence was justified under the following circumstances: the location was a drug “hot spot”; before entry, undercover officers saw three people enter and quickly leave; drug arrests had been made at […]

State v. Eileen M. Entringer, 2001 WI App 157 For Entringer: William E. Schmaal, SPD, Madison Appellate Issue: Whether, for purposes of the forgery statute, a person can falsely make a postal order by writing in the name of someone else as the payer. Holding: Because forgery applies only to falsehoods that materially affect the […]

State v. Jason J. Trawitzki, 2001 WI 77, 244 Wis. 2d 523, 628 N.W.2d 801, affirming State v. Trawitzki, 2000 WI App 205, 238 Wis. 2d 795, 618 N.W.2d 884 For Trawitzki: Donald T. Lang, SPD, Madison Appellate Issue: Whether multiple charges of theft of firearms taken at the same time, and multiple charges of concealing those […]

State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether, if a seizure did occur when the police told a potentially vulnerable juvenile girl in a high crime area to “stay put,” it was justified under the community caretaker doctrine. Holding: (Lead, three-vote opinion:) Given the “strong public interest […]