State v. Jennette L. Ellifritz, 2010AP713-CR, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Ellifritz: Gary Grass; BiC; Resp.; Reply Obstructing – Unanimity – Course of Conduct Because Ellifritz’s actions occurred during a single course of action, over a short (40-second) period of time, instructional failure to require agreement as to… Read more
26. Sufficiency of evidence
State v. David E. Steinke, 2009AP3207-CR, District 4, 8/26/10 court of appeals decision (1-judge, not for publication); for Steinke: Cody Wagner; BiC; Resp.; Reply Driving with a prohibited alcohol content of .08 or more, second offense, is a crime and therefore subject to beyond-reasonable-doubt burden of proof. Sitting as trier of fact in a bench… Read more
State v. Roy B. Ismert, No. 2009AP1971-CR, District IV, 7/1/10 court of appeals decision (1-judge; not for publication); for Ismert: Kristen D. Schipper; BiC; Resp.; Reply The evidence was sufficient to support the obstructing element that Ismert knew the police officer had legal authority to stop, question and arrest him. ¶14 We conclude that Lossman… Read more
court of appeals decision Appellate Standard of Review, Certiorari ¶9 When we review an application for a writ of certiorari, we review the agency’s decision, not the decision of the circuit court. Kraus v. City of Waukesha Police & Fire Comm’n, 2003 WI 51, ¶10, 261 Wis. 2d 485, 662 N.W.2d 294. The scope of certiorari review is limited… Read more
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶37 Owner nonconsent, like other elements of criminal offenses, may be proved by circumstantial evidence. See Bohachef v. State, 50 Wis. 2d 694, 700-01, 185 N.W.2d 339 (1971). The test on review is… Read more
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: ¶57 Next, we address Doss’s argument that there was insufficient evidence to support her conviction under Wisconsin Statute § 943.20(1)(b). Doss correctly recites the elements the State was required to establish to obtain a conviction: that (1)… Read more
State v. Jeffrey Lorenzo Searcy, 2006 WI App 8 For Searcy: Joseph L. Sommers Issue/Holding1: ¶23 Searcy claims the only evidence linking him to the Hoffman burglary was his fingerprint on the window screen in the Hoffmans’ bedroom. He argues that the mere presence of his fingerprint, standing alone, is insufficient to connect him to… Read more
State v. Dale H. Chu, 2002 WI App, PFR filed 4/23/02 For Chu: Andrew Shaw Issue/Holding: Evidence held sufficient, despite disagreement of experts on how fire was started; the jury was required to determine whether defendant intentionally started the fire, not specifically how it was set. ¶44 Chu may instead be arguing that the verdicts… Read more
