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10. Defenses

Involuntary intoxication defense to OWI rejected

Village of Menomonee Falls v. Kristina L. Smithers, 2018AP993, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court properly rejected Smithers’s invocation of an involuntary intoxication defense in her prosecution for operating while under the influence of the prescription medication she was taken as prescribed. Smithers doesn’t dispute there… Read More

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State v. Dustin Charles Yenter, 2017AP2253, 11/29/18, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Yenter was convicted of OWI and driving with a PAC, both as first offenses. He wanted to argue that he had no choice but to drive drunk because he and his passengers had fled a fight in… Read More

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State v. Corey R. Fugere, 2016AP2258-CR, petition for review of a published court of appeals decision granted 9/4/18; case activity (including briefs) Issue (composed by On Point): When a person enters a guilty plea to a criminal charge coupled with the defense of not responsible due to mental disease or defect under § 971.15, is a… Read More

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State v. Devon L. Loggins, 2017AP2045-CR, 7/31/18, District 1 (unpublished); case activity (including briefs) A fight between the Loggins and Jones families escalated into a violent melee involving at least 20 people. Some of them were punching Loggins, who saw a gun fall from one participant’s hoodie. He picked it up. Someone kicked him, and… Read More

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Terance Martez Gamble v. United States, USSC No. 17-646, certiorari granted 6/28/18 Question presented: Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. Decision below: United States v. Gamble, 694 Fed Appx 750 (11th Cir. 2017) (unpublished) USSC Docket Scotusblog page (including links to briefs and commentary) The “separate sovereigns”… Read More

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State v. Joseph T. Langlois, 2018 WI 73, 6/20/18, affirming a published court of appeals decision, 2017 WI App 44; case activity (including briefs) A majority of the supreme court concludes that the jury instructions given in this case, when viewed in their entirety, accurately stated the law the jury needed to decide the case. Two dissenting justices… Read More

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State v. Scott H. Wenger, 2017AP2305, 6/14/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Wenger got arrested for disorderly conduct and resisting at Art in the Park in Stevens point. The circuit court dismissed the DC but found him guilty, after a bench trial, of resisting. He claims insufficient evidence as… Read More

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State v. Joshua J. Luther, 2016AP1879-CR, 5/3/18, District 4 (not recommended for publication); case activity (including briefs) This is a pretrial interlocutory appeal. Luther is charged with causing injury by driving with a detectable amount of THC in his blood. He wants to present expert testimony that the levels of THC would not have impaired… Read More

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