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2. Elements

State v. Rory A. McKellips, 2015 WI App 31, petition for review granted 11/16/15, reversed, 2016 WI 51; case activity (including briefs) McKellips is entitled to a new trial on charges he used a computer to facilitate a child sex crime because the jury was erroneously instructed to decide whether McKellips’s cell phone constituted a “computerized… Read More

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State v. Bobbie Tanta Bowen, 2015 WI App 12; case activity Bowen was found guilty of bail jumping for violating the provision of his bail that he have no contact with F.B., the victim of an earlier battery charge, or F.B.’s residence. The court of appeals holds that the trial evidence—which showed Bowen went into… Read More

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State v. Darryl J. Badzinski, 2014 WI 6, reversing unpublished court of appeals decision; case activity Badzinski was charged with sexually assaulting his niece, A.R.B., during a family gathering at the home of his parents. (¶¶8-9). A.R.B. testified the assault occurred in a specific room–the basement laundry room. (¶11). But there was also testimony from multiple defense witnesses… Read More

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State v. Curtis L. Jackson, 2011AP2698-CR, District 1, 10/10/12; court of appeals decision (not recommended for publication), petition for review granted 2/11/13, affirmed, 2014 WI 4 (1/22/14); case activity Waiver (Lack of Objection), Generally – Jury Instructions ¶8        … To obtain relief based on a jury instruction to which no objection was made, Jackson… Read More

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State v. Roshawn Smith, 2012 WI 91, reversing in part, affirming in part unpublished decision; case activity Standard of Review: Sufficiency of Evidence  ¶29  We understand Smith’s central argument regarding the standard of review on the evidentiary question to be summed up in the proposition that a jury verdict of guilt[9] must be reversed on appeal if “[t]he inferences that… Read More

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court of appeals decision; for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; prior post Elements, Fleeing, § 346.04(3) – Instructions – Sufficiency of Proof – Harmless Error  Issues (from Beamon’s Petition for Review): Is a jury instruction which describes the factual theory alleged to satisfy an element legally erroneous? In a criminal case, are the instructions… Read More

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State v. Juan Angel Orengo, 2011AP137, District 1, 2/28/12 court of appeals decision (not recommended for publication); for Orengo: Robert R. Henak; case activity Counsel’s failure to attempt severance, from a drug charge, of a felon-in-possession-of-weapon count, didn’t amount to ineffective assistance. ¶8        Wisconsin law recognizes that guns and drug dealers go together.  See State v. Guy, 172 Wis. 2d 86… Read More

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State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1))  Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after… Read More

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