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3. Elements

State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Jury instructions on the elements of duty and intent under § 946.12(3) created mandatory conclusive presumptions: ¶10      Schultz contends that the following… Read More

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Meriter Hospital v. Dane County, 2003 WI App 248, affirmed, 2004 WI 145 Issue: Whether issuance of an “apprehension request” for alleged parole violation, following dismissal of pending charges upon jail inmate’s transfer to a hospital for treatment, leaves the person in “custody.” Holding: … We recently decided that a person did not have criminal… Read More

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State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose order of jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and therefore may not be charged with escape for leaving the… Read More

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