On Point

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]