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9. Sec. 940.03 (Felony-Murder)

State v. Brandon L. Mason, 2004 WI App 176 For Dawson: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The felony murder statute, § 940.03 (1999-2000), contains characteristics suggestive of both penalty enhancers (it adds a specified term to the maximum penalty applicable to the underlying crime), ¶15, and also substantive offenses (it is located in a chapter… Read More

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State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue/Holding: ¶25. Krawczyk next argues that he was incorrectly charged as “a party to the crime” of felony murder and that this error also rendered his plea to that offense unknowing. We agree with Krawczyk that the State did… Read More

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§ 940.03, Felony Murder — Causation — PTAC

Lavelle Chambers v. McCaughtry, 264 F.3d 732 (7th Cir 2001) For Chambers: John T. Wasielewski Issue/Holding: Chambers is liable for the killing of a police officer by Chambers’ codefendant, while the pair were trying to flee apprehension during commission of a felony (armed burglary)… Read More

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