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F. Ch. 943: Against property

State v. James Lee Eady, Jr., 2016 WI App 12; case activity (including briefs) Under the forgiving standard for assessing the sufficiency of evidence, the state managed to introduce enough circumstantial evidence to prove that the bank Eady robbed was “chartered” by a state of the federal government, and therefore was a “financial institution” for purposes… Read More

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Review of an unpublished per curiam court of appeals decision; affirmed 2016 WI 17; case activity (for 2014AP1248-CR, which links to the other consolidated cases) Issues (composed by On Point from the PFR) Where the State agreed to cap its sentence recommendation on four cases at the “high end” of the recommendation of the presentence investigation… Read More

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State v. Clifton Robinson, 2014AP1575-CR, 3/31/15, District 1 (not recommended for publication); click here for briefs and docket The court of appeals here rejects a barrage of challenges to Robinson’s conviction for criminal damage to property and armed robbery with use of force–everything from a Batson challenge, to severance issues, to the sufficiency of evidence… Read More

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State v. Fernando Moreno-Acosta, 2014 WI App 122; case activity While § 943.201(2) requires the state to prove the defendant used personal identifying information belonging to an actual person, it need not prove that the defendant knew the information belonged to another “real, actual person.” Moreno-Acosta was accused of identity theft for using Kimberly Herriage’s social security number to… Read More

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State v. Adam J. Gajeski, 2014AP612-CR, District 3, 10/7/14 (1-judge; ineligible for publication); case activity The evidence was sufficient to support the guilty verdict on a theft charge because the jury could have reasonably inferred Gajeski intended to permanently deprive the owner of the property at the time he took the property. After an altercation… Read More

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State v. Kim B. Simmelink, 2014 WI App 102; case activity The court of appeals holds that § 939.74(2)(b)’s extended statute of limitation for certain theft charges runs from actual discovery of the theft, and not from when the theft should have been discovered with the exercise of reasonable diligence. In 2006 authorities began investigating whether Simmelink… Read More

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State v. David Phillip Foley, 2013AP1722-CR/2013AP1723-CR; district 1, 6/17/14 (unpublished); case activity Under § 943.20(1)(d), theft by fraud requires, among other things, that the defendant made a false representation to the owner of the property that the defendant stole.  This does not require direct communication between the defendant and the victim.  It is sufficient that… Read More

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State v. Richard P. Selenske, 2013AP1403-CR, District 3, 11/5/13; court of appeals decision (1-judge; ineligible for publication); case activity A dispute about a contract for the purchase of standing hay grew into a misdemeanor theft charge when Selenske, the farmer who owned the hay fields, would not let Kern, the farmer who purchased the hay… Read More

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