State v. Henry E. Routon, 2007 WI App 178, PFR filed For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶19 The crime that is the subject of the conspiracy need not be committed in order for a violation of Wis. Stat. § 939.31 to occur; rather, the focus is on the intent of the individual defendant. State… Read more
B. Published opinions
State v. Henry E. Routon, 2007 WI App 178, PFR filed For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Evidence of conspiracy to manufacture controlled substance is sufficient, notwithstanding that the psilocybe spores that defendant sold were themselves legal, given “abundant evidence from which it is reasonable to infer that Routon marketed the psilocybe spores… Read more
State v. Charles E. Dukes, 2007 WI App 175 For Dukes: Robert N. Meyeroff Issue/Holding: ¶22 Dukes contends that this evidence is insufficient because there was “no physical evidence linking [him] to the drug house and the drugs in the drug house,” because neither his fingerprints nor DNA were on any of the items recovered… Read more
State v. Wayne Charles Slagle, 2007 WI App 117 For Slagle: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶2 … Because the State charged Slagle with keeping or maintaining a “vehicle” used for “keeping” cocaine, the State needed to prove the following three elements: 1. Slagle kept or maintained a vehicle. 2. Slagle’s vehicle was… Read more
State v. Wayne Charles Slagle, 2007 WI App 117 For Slagle: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶7 The interpretation of the statutory term “keeping” as “warehousing or storage for ultimate manufacture or delivery” comes from State v. Brooks, 124 Wis. 2d 349, 354-55, 369 N.W.2d 183 (Ct. App. 1985). Neither party challenges this interpretation… Read more
State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: “A claim of innocence, of course, is not sufficient as a stand-alone reason to permit a plea withdrawal even before sentencing. State v. Harvey, 2006 WI App 26, ¶23, 289 Wis. 2d 222, 239… Read more
State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07 For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Unrefuted indications of the child-complainant’s changed recollection of the details and reluctance to testify, ¶¶8-9, established “substantial prejudice” so as to defeat a pre-sentencing motion to withdraw plea: ¶16 A defendant seeking to withdraw… Read more
State v. Kevin F. McGuire, 2007 WI App 139, PFR filed 6/4/07 For McGuire: Timothy A. Provis Issue: Whether a promissory note is a “security” within the meaning of § 551.02(13(a). Holding: The 4-factor test of In Reves v. Ernst & Young, 494 U.S. 56, 66-67 (1990) applies: “1) the motivations of a reasonable seller… Read more
