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2. Causation

Plea-Withdrawal – Homicide – Causation

State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read More

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State v. Michael D. Below, 2011 WI App 64 (recommended for publication); for Below: Joseph L. Sommers; case activity Below indisputably caused massive injuries that resulted in the victim’s death, albeit after medical staff terminated life support. His reckless acts were therefore a “substantial factor” in, hence caused, her death. He was not entitled to… Read More

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State v. Waylon Picotte, 2003 WI 42, on certification For Picotte: John T. Wasielewski Issue: Whether conviction for homicide is barred because the victim did not die within a year and a day of infliction of the fatal injuries. Holding: ¶5. We disagree with the circuit court and hold that the defendant’s conviction in this case is… Read More

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State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether an act may satisfy the “substantial factor” test for causation element if it merely plays a prominent rather than lone role in the proscribed result. Holding: Causation is satisfied by any significant, not necessarily… Read More

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