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C. Chs. 939: Inchoate offenses

State v. Philip B. Caminiti, 2013AP730-CR, District 4, 3/20/14; court of appeals decision (not recommended for publication); case activity The prosecution of Caminiti for conspiracy to commit child abuse, §§ 939.31 and 948.03(2)(b), based on his instructions to his congregants to use a rod to discipline their children did not violate his First Amendment rights to advocacy or… Read More

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State v. Ronnie L. Thums, 2012AP929-CR, District 4, 7/25/13; court of appeals decision (not recommended for publication); case activity Sufficiency of evidence of conspiracy Thums was charged with offering money to Trepanier, a fellow prison inmate, to kill Thums’s ex-wife and others associated with her. (¶2). In response to Trepanier’s questions about how he’d be paid… Read More

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State v. Michael Lock, 2013 WI App 80; case activity Multiplicity — conviction for conspiracy and for completed crime under  § 939.72(2) Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes… Read More

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State v. Wyatt D. Henning, 2013 WI App 15; case activity The crime of attempted possession of a firearm by a felon is recognized in Wisconsin, distinguishing State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998): ¶14      Turning to the particular language of the felon in possession of a firearm statute, and… Read More

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Smith v. U.S., USSC 11-8976, 1/9/13 United States Supreme Court decision, affirming United States v.Moore, 651 F.3d 30 (D.C. Cir. 2011) Conspiracy – burden of proof on defendant’s claim of withdrawal Petitioner’s claim lies at the intersection of a withdrawal defense and a statute-of-limitations defense. He asserts that once he presented evidence that he ended his… Read More

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Guilty Plea Colloquy: Party-to-a-Crime Liability

State v. Calvin L. Brown, 2012 WI 139 (recommended for publication); case activity A guilty plea colloquy need not include an explanation of ptac liability when the defendant directly committed the crime: ¶13      …  Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was “concerned” in… Read More

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on review of published decision; case activity Issues (composed by On Point):  1. Whether the evidence is sufficient to sustain conviction for conspiracy-theft by fraud, in that: no conspirator expressly made a false representation; and in any event, Steffes joined the conspiracy after it had already been set in motion. 2. Whether the evidence is sufficient to sustain… Read More

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State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12 court of appeals decision (not recommended for publication); case activity The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide. ¶28      Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a… Read More

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