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3. Domestic abuse injun.

State v. Timothy Jon Eloe, 2011AP1970-CR, District 2, 2/29/12 court of appeals decision (1-judge, not for publication); for Eloe: John C. Orth; case activity ¶5        To be sufficient, a criminal complaint need only be minimally adequate in setting forth essential facts establishing probable cause.  State v. Adams, 152 Wis. 2d 68, 73, 447 N.W.2d 90 (Ct. App… Read More

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Violation of TRO, § 813.125

State v. James M. Johnson, 2011AP2374-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); pro se; case activity Evidence – Johnson left voicemail message on complainant’s work phone – held sufficient to sustain conviction for violating temporary restraining order. ¶8        Regarding the nature of the voice mail message and its violation of the… Read More

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State v. Kenney Wayne Madlock, 2012AP1439-CR, District 1, 1/15/13 Court of appeals decision (1-judge; not eligible for publication); case activity Violating domestic abuse injunction — Sufficiency of the evidence The evidence was sufficient to support conviction at a bench trial for violating an injunction that required Madlock to avoid the residence of T.M., who had… Read More

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State v. Morris L. Harris, 2009AP2833-CR,  District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read More

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Predick v. O’Connor, 2003 WI App 46 Issue/Holding: Banishment from victims’ county, under harassment injunction, § 813.125, upheld: ¶18 Thus, banishment is not a per se constitutional violation. As the previous discussion demonstrates, there is no exact formula for determining whether a geographic restriction is narrowly tailored. Each case must be analyzed on its own facts, circumstances… Read More

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State v. Michael A. Sveum, 2002 WI App 105, PFR filed 5/10/02 For Sveum: Ian A.J. Pit Issue/Holding: Violation of harassment injunction isn’t lesser offense of harassment, each requiring proof of distinct element. ¶¶23-28. (Court stressing, in particular, that for harassment defendant need only be “subject” to injunction but not actually violate it. ¶25.)… Read More

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Annette Petrowsky v. Brad Krause, 223 Wis. 2d 32, 588 N.W.2d 318 (Ct. App. 1998) For Krause: Russell D. Bohach For Petrowsky: Thomas McAdams, Pro Bono Project Issue/Holding: The issue on appeal is who constitutes a “household member” under the domestic abuse statute. This involves the construction of a statute. Interpretation of a statute is… Read More

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