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19. Sec. 940.22

State v. Michael A. DeLain, 2005 WI 52, affirming, as modified, 2004 WI App 79 For DeLain: Robert R. Henak Issue/Holding: ¶9        To obtain a conviction for a violation of Wis. Stat. § 940.22(2), the State must prove three elements beyond a reasonable doubt:  (1) that the defendant was or held himself or herself out to… Read More

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State v. William E. Draughon III, 2005 WI App 162, (AG’s) PFR filed For Draughton: Stephen L. Miller Issue/Holding: Draughon, a pastor, was concededly a “clergy” member within § 940.22(2); however, the instructions relieved the State of its burden of proof on the element of whether he performed “therapy” in this capacity, in that they… Read More

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