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2. Elements

Stephen McFadden v. United States, USSC No. 14-378, 2015 WL 2473377 (June 18, 2015), reversing and remanding United States v. McFadden, 753 F.3d 432 (4th Cir. 2014); Scotusblog page (including links to briefs and commentary) The Supreme Court holds that in order to convict a defendant of distribution a controlled substance analogue, the government must prove that the defendant… Read More

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Question presented: Whether, to convict a defendant of distribution of a controlled substance analogue, the government must prove the defendant knew that the substance constituted a controlled substance analog, as held by the Second, Seventh, and Eighth Circuits, but rejected by the Fourth and Fifth Circuits. Lower court decision: United States v. McFadden, 753 F.3d… Read More

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State v. Henry E. Routon, 2007 WI App 178, PFR filed  For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶18   Wisconsin Stat. § 939.31 sets forth the elements of the crime of conspiracy applicable under Wis. Stat. § 961.41(1x).[8] Section 939.31 provides: …. whoever, with intent that a crime be committed, agrees or combines with another for the… Read More

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State v. Henry E. Routon, 2007 WI App 178, PFR filed  For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding:  Evidence of conspiracy to manufacture controlled substance is sufficient, notwithstanding that the psilocybe spores that defendant sold were themselves legal, given “abundant evidence from which it is reasonable to infer that Routon marketed the psilocybe spores… Read More

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State v. Wayne Charles Slagle, 2007 WI App 117 For Slagle: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶2    … Because the State charged Slagle with keeping or maintaining a “vehicle” used for “keeping” cocaine, the State needed to prove the following three elements: 1.         Slagle kept or maintained a vehicle. 2.         Slagle’s vehicle was… Read More

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State v. Wayne Charles Slagle, 2007 WI App 117 For Slagle: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶7   The interpretation of the statutory term “keeping” as “warehousing or storage for ultimate manufacture or delivery” comes from State v. Brooks, 124 Wis. 2d 349, 354-55, 369 N.W.2d 183 (Ct. App. 1985). Neither party challenges this interpretation… Read More

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State v. Alvin M. Moore, 2006 WI App 61, PFR filed 3/21/06 For Moore: Donna L. Hintze, SPD, Madison Appellate Issue: Whether an effort at dissuading a child witness which was directed at the child’s mother satisfies the elements of attempted intimidation of a witness, § 940.42. Holding: ¶10      To prove attempted intimidation of Tamika… Read More

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State v. Dawn C. Moline, 229 Wis. 2d 38, 598 N.W.2d 929 (Ct. App. 1999) For Moline: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether prior conviction for possessing drug paraphernalia, § 961.573, qualifies the offender as a repeat drug offender,  § 961.48(3). Holding: By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to §… Read More

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