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19. Sec. 940.225

State v. Delano L. Terrell, 2006 WI App 166 For Terrell: Martin E. Kohler, Brian Kinstler, Christopher M. Eippert Issue: Whether a sheriff’s deputy assigned to work as a court bailiff is a “correctional staff member” so as to come within § 940.225(2)(h). Holding: A “correctional staff member” is defined as an individual who works… Read More

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State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: Rejecting the JI Committee definition of “cunnilingus,” the court “ conclude(s) that the statutory scheme of the sexual assault law does not require proof of ‘stimulation of the clitoris or vulva,’” ¶¶11-21. ¶21      The complaint and the undisputed evidence presented… Read More

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State v. Obea S. Hayes, 2004 WI 80, affirming 2003 WI App 99, 264 Wis. 2d 377, 663 N.W.2d 351 For Hayes: Philip J. Brehm: Issue/Holding: ¶64. We agree with the court of appeals that M.M.’s testimony did not follow a chronological order. A reasonable factfinder could, however, draw the inference that the defendant verbally… Read More

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State v. Eugene M. Perkins, 2004 WI App 213, PFR filed 11/9/04 For Perkins: Jeffrey W. Jensen Issue Whether expert testimony is required to establish the victim’s mental illness, an element of § 940.225(2)(c). Holding: This element may be shown through credible lay opinion testimony: ¶17 Here, the State had to prove four things: (1)… Read More

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State v. John F. Powers, 2004 WI App 156 For Powers: Marcus J. Berghahn; John D. Hyland Issue/Holding: An employee of the Tomah VA Medical Center is not an employee of an in-patient treatment facility within the meaning of §§ 940.225(2)(g), 940.295(2)(b), (c), (h), (k), and 50.135(1), because the Center is not licensed or approved… Read More

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