On Point

State v. Damone J. Block, 222 Wis. 2d 586, 587 N.W.2d 914 (Ct. App. 1998) For Block: James M. Weber Issue/Holding: The persistent repeater scheme survives equal protection challenge. Block concedes that the persistent repeater statute deserves only the rational basis test.  He argues that there are no reasonable or practical grounds for the manner in which […]

State v. Lance Terry Konrath, 218 Wis.2d 290, 577 N.W.2d 601 (1998), affirming unpub. decision For Konrath: Ralph A. Kalal Issue/Holding: Forfeiture statute § 346.65(6) authorizes a civil, remedial in rem proceeding, and is not facially unconstitutional; because the statute is civil, double jeopardy doesn’t apply; the proceeding provides sufficient notice to satisfy due process (with caution that […]

State v. Walter A. Kirch, 222 Wis. 2d 598, 587 N.W.2d 919 (Ct. App. 1998) For Kirch: Timothy J. Gaskell Issue/Holding: The federal courts continue to consider possession, title, control and financial stake when determining ownership under 21 U.S.C. § 881(a)(7). … We therefore consider these factors when determining ownership for the purposes of § […]

State v. Melvin Thompson, 222 Wis. 2d 179, 585 N.W.2d 905 (Ct. App. 1998) For Thompson: Phillip J. Brehm Issue/Holding: No published Wisconsin case has specifically addressed whether one has a reasonable expectation of privacy in a hospital emergency room or operating room. Accordingly, we analyze the question under the general approach for determining whether […]

Kelly L. McCray, 220 Wis. 2d 705, 583 N.W.2d 668 (Ct. App. 1998) For McCray: Paul LaZotte Issue/Holding: A guest who has exceeded his authorized stay loses any expectation of privacy in the residence  

State v. Linda M. Henthorn, 218 Wis. 2d 526, 581 N.W.2d 544 (Ct. App. 1998) For Henthorn: Michael Yovovich, SPD, Madison Appellate Issue/Holding1: In Hamiel v. State, 92 Wis.2d 656, 666, 285 N.W.2d 639, 646 (1979), the supreme court outlined the two requirements for proof of an attempted crime: [I]t must … be shown that: […]

State v. Steenberg Homes, 223 Wis.2d 511, 589 N.W.2d 668 (Ct. App. 1998) Holding: Corporations are subject to criminal liability under Wis. Stat. § 940.10

State v. Damone J. Block, 222 Wis. 2d 586, 587 N.W.2d 914 (Ct. App. 1998) For Block: James M. Weber Issue/Holding: Block’s next claim is that there was insufficient evidence to prove all of the elements of assault by a prisoner. Those elements are: (1) the defendant was a prisoner at the time of the […]

State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998) For Sveum: Robert T. Ruth Issue/Holding: Johnson received several hang-up telephone calls on April 16, 1996. Sveum told Walls that he made the calls, and Walls relayed this information to Johnson. When asked how the phone calls made her feel, […]

State v. Sylvester Hughes, 218 Wis. 2d 538, 582 N.W.2d 49 (Ct. App. 1998) For Hughes: Michael H. Kopp Issue/Holding: Accordingly, precisely because persons who use wheelchairs, and those who do not, deserve equal treatment and protection under the laws prohibiting theft,9 we conclude that theft “from the person” encompasses the taking of property from […]