Follow Us

Facebooktwitterrss
≡ Menu

4. Evidence

State v. James F. Lala, 2009 WI App 137, PFR filed 9/1/09 For Lala: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶11      Sexually explicit conduct as defined in Wis. Stat. § 948.01(7)(e) includes actual or simulated “lewd exhibition of intimate parts.” The term “lewd,” however, is not statutorily defined, nor has a single definition been established… Read More

{ 0 comments }

State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: Providing cocaine to a minor in exchange for sex supported plea-based conviction for enticement within § 948.07(6), ¶23… Read More

{ 0 comments }

State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue: Whether repeated “dope dating” (giving a minor cocaine on multiple occasions in exchange for sex) amounts to causing the child to practice prostitution within the meaning of § 948.08. Holding1: “Practice” prostitution: ¶15      Payette is… Read More

{ 0 comments }

State v. Jason K. Van Buren, 2008 WI App 26, PFR filed 1/23/08 For Van Buren: Waring R. Fincke Issue/Holding: Possession of child pornography, § 948.12(1m), requires depiction of real, as opposed to “virtual,” children: ¶6        … Wisconsin Stat. § 948.12(1m) (2005-06) [1] criminalizes the knowing possession of any “photograph … of a child engaging in… Read More

{ 0 comments }

State v. Isaiah Bowden, 2007 WI App 234 For Bowden: Jason R. Farris Issue/Holding: Conviction for interference with custody, § 948.31(2), doesn’t require that the child be within the parent’s immediate presence or control: ¶18   The State posits that the withholding method of interference focuses on permission, not being in the parent’s presence. We agree. The… Read More

{ 0 comments }

State v. Tyrone Booker, 2006 WI 79, reversing 2005 WI App 182 For Booker: Jeffrey W. Jensen Issue: Whether conviction under § 948.11, exposing child to harmful materials, can be sustained where the jury heard the children’s and a detective’s descriptions of the videotape but did not themselves view it. Holding: ¶25      When we view… Read More

{ 0 comments }

State v. Quentrell E. Williams, 2006 WI App 212 For Williams: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Because “recklessly” causing harm to a child, § 948.03(b), is determined solely from an objective point of view, evidence related to whether the actor “subjectively thought his [disciplinary action] was reasonable parental discipline” is irrelevant, including evidence… Read More

{ 0 comments }

State v. Dennis Charles Schulpius, 2006 WI App 263 For Schulpius: Bridget Boyle Issue/Holding: ¶10      … The subsection has two elements:  (1) the defendant must have done something that shows that he or she had, as phrased by § 948.075(1), the “intent to have sexual contact or sexual intercourse” with someone whom he or she… Read More

{ 0 comments }