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4. Factual Basis

State v. Jonathan N. Reiher, 2019AP2321-CR, District 4, 10/29/20 (not recommended for publication); case activity (including briefs) The court of appeals rejects the defendant’s claim that his pleas to reckless endangerment lacked a factual basis. In retaliation for getting kicked out of the house he was living in, Reiher vandalized the place; in the process… Read more

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State v. Jeffrey T. Ziegler, 2019AP858-CR & 2019AP859-CR, District 4, 7/23/20 (one-judge decision; ineligible for publication); case activity (including briefs) To commit invasion of privacy in violation of § 942.08(2)(d), a person must, among other things, look into another’s dwelling “for the purpose of sexual arousal or gratification….” § 942.08(2)(d)1. Contrary to Ziegler’s claim, the… Read more

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State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs) Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous. At the plea… Read more

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State v. Noah Yang, 2018AP1461, 11/28/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Yang pleaded to misdemeanor witness intimidation. He had been charged with felony child abuse, and, from the jail, had called his mother, telling her that if a witness didn’t show up, the prosecutor would drop the charge. In… Read more

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State v. Theoris Raphel Stewart, 2018 WI App 41; case activity (including briefs) Facing sentencing for failure to pay child support, Stewart forged some documents to support his argument for probation rather than a prison sentence. For his trouble he was charged with and convicted of identity theft under § 943.203(2). The court of appeals rejects his… Read more

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State v. Laron Henry, 2017AP939-CR & 2017AP940-CR, District 1, 6/19/18 (not recommended for publication); case activity (including briefs) Henry sought to withdraw his guilty pleas to three crimes. He claimed that with respect to one of the crimes, he didn’t “ratify” his guilty plea, he didn’t understand one of the elements of the crime, and there… Read more

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State v. Erik M. Smith, 2016AP2453-CR, District 3, 2/13/18 (not recommended for publication); case activity (including briefs) The body of Eric Volp, a resident of Michigan when he disappeared, was found in a creek in Marinette County. After a long investigation Smith was eventually charged in Marinette County with killing Volp by running over him with… Read more

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State v. Santos Lee Hernandez, 2017AP62-CR, 7/11/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Hernandez filed a postconviction motion arguing that he pled guilty to lewd and lascivious behavior while he was drunk–so drunk that he incorrectly told the court that he had not consumed alcohol within the previous 24 hours… Read more

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