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M. Scienter

Seventh Circuit rejects challenge to § 948.075

Micah D. Stern v. Michael Meisner, 7th Circuit Court of Appeals No. 15-2558, 2/9/16 Stern’s conviction for using a computer to facilitate a sex crime against a child under § 948.075 is constitutional because the Wisconsin appellate court’s conclusion that the statute allows conviction based on the defendant’s “reason to believe” the victim is a minor… Read More

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State v. Lavarren D. Etienne, 2014AP2881-CR, 6/18/15, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) This appeal concerned the sufficiency of evidence to support a jury verdict that Etienne intentionally violated a bond which prohibited him from having contact with “P.J.”  Etienne said the contact was accidental. Due to the deference given… Read More

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Elonis v. United States, USSC No. 13-983, 2015 WL 2464051 (June 1, 2015), reversing United States v. Elonis, 730 F.3d 321 (3rd Cir. 2013); Scotusblog page (including links to briefs and commentary) This case involved a prosecution of Elonis for threats he made in postings on his Facebook page, and it was being widely watched for the First… Read More

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State v. Michael R. Luedtke/State v. Jessica Weissinger, 2015 WI 42, 4/24/15, affirming a published court of appeals decision; opinion by Justice Gableman; case activity (including briefs) The supreme court unanimously holds that § 346.63(1)(am), which prohibits operating a motor vehicle with a detectable amount of a restricted controlled substance in the blood, is a strict liability crime… Read More

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Consolidated review of two published court of appeals decisions: State v. Weissinger, 2014 WI App 73 (case activity); and State v. Luedtke, 2014 WI App 79 (case activity) Issues (composed by On Point) In light of State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, does the Wisconsin Constitution provide greater due process protection than… Read More

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State v. Michael R. Luedtke, 2014 WI App 79, petition for review granted 10/15/14, affirmed, 2015 WI 42 (posts here and here); case activity Section 346.63(1)(am), which prohibits operating a motor vehicle with a detectable amount of a restricted controlled substance in the blood, does not violate due process by failing to require proof that the defendant knowingly ingested the… Read More

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Due Process – Scienter, § 948.12

State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶32. Schaefer claims that by allowing conviction for possession of child pornography when a defendant “reasonably should know” that the child depicted is under eighteen years of age, Wis. Stat. § 948.12 omits a scienter… Read More

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