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E. Chapter 941: Against public

State v. Brian Grandberry, 2016AP173-CR, District 1, 11/29/16 (one-judge decision; ineligible for publication), petition for review granted 3/13/17; affirmed 4/10/18; case activity (including briefs) Grandberry was charged with carrying a concealed weapon after police stopped the car he was driving and found a loaded pistol in the glove compartment. Citing § 167.31, which regulates the transportation… Read More

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State v. Cory S. Herrmann, 2015 WI App 97; case activity (including briefs) In light of the Second Amendment decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010), Wisconsin’s prohibition on the possession of a switchblade knife, § 941.24(1), is unconstitutional as applied to a… Read More

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State v. Shironski A. Hunter, 2014AP2521-CR, District 1, 9/15/15 (not recommended for publication); case activity (including briefs) The trial court didn’t err in admitting statements witnesses made during a 911 call and to police at the scene of the crime because the statements were excited utterances. Moreover, the statements weren’t testimonial for Confrontation Clause purposes, so… Read More

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State v. Dijon L. Carter, 2014AP2707-CR, District 1, 7/14/15 (not recommended for publication); case activity (including briefs) While a court adjudicating a juvenile delinquent for a felony is required to warn the juvenile about the prohibition on possessing a firearm under § 941.29, the warning requirement doesn’t add another element to the offenses created by § 941.29. Thus, Carter can be convicted… Read More

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State v. Steven E. Steffek, 2015AP93-CR, District 2, 7/1/15 (one-judge decision; ineligible for publication); case activity (including briefs) The evidence was sufficient to convict Steffek of endangering safety by negligent handling of a dangerous weapon, § 941.20(1)(a), as a party to the crime, despite the fact there was no evidence that anyone was dodging bullets in a “zone… Read More

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State v. Nathan M. Caffero, 14AP1711-CR, District 3, 4/7/15 (one-judge decision; ineligible for publication); case activity (including briefs) Despite the trial testimony of Muxlow, Caffero’s girlfriend, that she was the person who caused the fire in their apartment by putting lit incense on top of a toilet paper roll, Caffero’s own admissions to the police… 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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State v. Mark A. Sanders, 2013 WI App 4; case activity Search incident to arrest — area within arrestee’s “immediate control” Search of bed in room from which defendant emerged just before being arrested upheld under Chimel v. California, 395 U.S. 752 (1969), which permits an arresting officer to search the person arrested and the… Read More

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