On Point

State v. Daniel T. O’Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998) For O’Shea: Jeffrey D. Knickmeier Issue/Holding: Forgery, §.943.38(2), does not require that the offender act with intent to defraud. Our first inquiry must be to the language of the statute, particularly to the language in subsection 2 that refers to […]

State v. Daniel T. O’Shea, 221 Wis. 2d 418, 585 N.W.2d 662 (Ct. App. 1998) For O’Shea: Jeffrey D. Knickmeier Issue/Holding: Shea alleges that § 943.41(3), Stats., requires the State to prove that the offender acquired actual possession of a cardholder’s financial transaction card without consent. … We begin with the language of § 943.41(5)(a), […]

State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998) For Sveum: Robert T. Ruth Issue/Holding: Sveum contends that the evidence was insufficient to prove that “[t]he act [was] accompanied by a credible threat.” The only threats alleged in this case occurred on October 16, 1994, when Sveum, among other […]

State v. Gary R. Brunette, 220 Wis. 431, 583 N.W.2d 174 (Ct. App. 1998) For Brunette: Kevin Schram Issue/Holding: Seven-year old’s testimony that she was touched on or near her “privates” and “potty place” sufficient to sustain conviction for first-degree sexual assault.

State v. Teresa L. Bellows, 218 Wis. 2d 614, 582 N.W.2d 53 (Ct. App. 1998) For Bellows: Martha K. Askins, SPD, Madison Appellate Issue/Holding: …The State was required to prove that: (1) Bellows was responsible for the welfare of her three children; (2) she intentionally contributed to their neglect; and (3) the children were under […]

State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998) For Gruen: Scott F. Anderson Issue/Holding: Temporary detention of Gruen based on reasonable suspicion that he had caused an automobile accident while intoxicated was not converted into arrest, where the 1st officer detained him for no more than 15 minutes until a […]

State v. Luis E. Bermudez, 221 Wis. 2d 338, 585 N.W.2d 628 (Ct. App. 1998) For Bermudez: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Consent given following illegal entry was, though, voluntary, the fruit of the illegality: When applying the attenuation theory, the following must be considered: (1) the temporal proximity of the misconduct and the […]

State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: The number of officers present does not, by itself, conclusively demonstrate coercion, but is a factor to consider among others. Thus, consent was validly given following a valid traffic stop that had lasted only 5 […]

State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: Telling the officer that the trunk did not open failed to limit the scope of consent to search the trunk when the driver also said, “you can even look in the trunk”: His statement that […]

State v. Timothy R. Stankus, 220 Wis. 2d 232, 582 N.W.2d 468 (Ct. App. 1998) For Stankus: Steven J. Watson Issue/Holding: Though the officer had never touched cocaine before, his discovery of a white, flour-like susbtance in clear plastic bags under the seat supported probable cause. And, because he therefore had probable cause to believe the […]