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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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Exigency — Community Caretaker — Underage Drinking
State v. Shane M. Ferguson, 2001 WI App 102 For Ferguson: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether the warrantless, forced police entry of a locked closet was justified under the community caretaker doctrine. Holding: ¶12 After applying the Anderson test, we are satisfied that the police actions here qualified as ‘community caretaker.’ A search, to qualify […]
Theft of Identity, § 943.201(2) — Continuing Offense
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether § 943.201(2) creates a continuing offense such that, as applied to Ramirez, it did not violate the ex post facto clause even though the statute was promulgated after he commenced the activity that formed the basis for […]
Escape, § 946.42 — “Actual Custody”
State v. Deborah J. Zimmerman, 2001 WI App 238 For Zimmerman: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether someone in the custody of a probation or parole agent “is in actual custody” for purposes of the escape statute, § 946.42. Holding: ¶5. To be guilty of escape, Zimmerman must be found to be in custody. […]
§ 946.31(1)(a), Perjury – Elements – Sufficiency of Evidence
State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64 For Noble: Jeff P. Brinckman Issue: Whether the evidence was sufficient to sustain a perjury conviction. Holding: Proof of the elements of perjury — “(1) An oral statement while under oath; (2) The statement was false when made; (3) The defendant […]
Resisting, § 946.41(1); Battery to Officer, § 940.20(2) – “official capacity”/”lawful authority
State v. Leslie M. Haynes, 2001 WI App 266, PFR filed 11/2/01 For Haynes: Gerald F. Kuchler Issue: Whether “the arresting officer from Waukesha county was not acting in his official capacity or with lawful authority as a police officer when he asked [Haynes] to perform field sobriety tests, arrested her and transported her to a […]
First Amendment – Speech – Criminalized Threat
State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725, reversing unpublished court of appeals decision For Douglas D.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether purely written speech may be punished as disorderly conduct, § 947.01, even where no disturbance results. Holding: The disorderly conduct statute, applied to speech […]
Sexual Assault, § 948.02 — Multiplicity — Separate Charges, Attempted & Completed Sexual Assaults
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether charges of completed and attempted sexual assault of the same victim were multiplicitous. Holding: ¶34. The nature of the two acts was different because the attempted sexual assault was foiled by the victim’s resistance. There was some […]
§ 948.07, Enticement — Elements — Proof of Victim’s Age
State v. Timothy P. Koenck, 2001 WI App 93, 242 Wis. 2d 693, 626 N.W.2d 359 For Koenck: Lew Wasserman Issue: “(W)hether in a prosecution under § 948.07 the charges must be dismissed because the State cannot prove that the victim had not attained the age of eighteen [because the ‘victim’ is fictitious].” ¶7. Holding: […]
§ 948.12, Child Pornography — Computer Disk Storage
State v. James W. Whistleman, 2001 WI App 189 For Whistleman: Michael J. Devanie Issue: Whether storage of images on a computer disk satisfies the “pictorial reproduction” element of § 948.12. Holding: ¶7 … The computer disks taken from Whistleman’s residence produce visual images on the computer screen when a person inserts the disks into […]
Arrest — Probable Cause — Collective Knowledge Doctrine, Applied to Informant
State v. Eddie McAttee, 2001 WI App 262 For McAttee: Russell D. Bohach Issue: Whether McAttee’s arrest was supported by probable cause. Holding: ¶11. First, Detective Kuchenreuther was entitled to rely on Officer Smith’s knowledge of the confidential informant. See State v. Black, 2000 WI App 175, ¶17 n.4, 238 Wis. 2d 203, 617 N.W.2d 210 (arresting […]
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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.