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A. Statutory defenses

State v. Scott A. Walker, 2019AP1138, 11/7/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A jury found Walker guilty of intentionally pointing a firearm at a person contrary to Wis. Stat. § 941.20(1)(c). He claims his trial lawyer was ineffective for failing to raise a defense under Wis. Stat. §§ 939.45(2)… Read More

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Ludicrous is not the same thing as absurd

State v. Medford B. Matthews, III, 2019 WI App 44; case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being in a private… Read More

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State v. Traci L. Kollross, 2019 WI App 30; case activity (including briefs) The circuit court held that the filing of a municipal court citation against Kollross for OWI 1st tolled the three-year statute of limitation for a criminal charge based on the same incident. The court of appeals disagrees and orders the criminal OWI… Read More

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State v. Corey R. Fugere, 2019 WI 33, 3/28/19, affirming a published court of appeals decision; case activity (including briefs) Pretend you’re a defendant trying to decide whether to enter a plea. You know that maximum term of imprisonment you face. You also know that pleading NGI is one of your options. However, the circuit… Read More

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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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