State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the scienter element of § 125.075(1) requires proof that the defendant know that a particular individual is under the legal drinking age. Holding: ¶11 Wille makes much of the fact that Wis. Stat. § 125.075(1) refers several times to… Read more
B. Published opinions
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue: Whether the evidence was sufficient under § 125.075(1) to show that the defendant had the underage victim had consumed alcohol provided by the defendant at a party for which the defendant supplied beer and sold red cups… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶31 … The State was under no obligation to establish the level of alcohol in Meshak’s blood at the time of the accident, or even to prove that he was intoxicated to the degree required for… Read more
State v. Ronald L. Wille, 2007 WI App 27, PFR filed 2/28/07 For Wille: Jerome A. Maeder, Benjamin Welch Issue/Holding: ¶24 Wille claims the trial court erred in instructing jurors that, to find Wille guilty of the charged crime, Meshak’s consumption of alcohol provided by Wille was required to be “a” substantial factor in causing Meshak’s… 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: ¶12 As the circuit court recognized after the State brought its motion for reconsideration, circuit courts in Wisconsin may not, absent circumstances not present here, sua sponte vacate guilty pleas validly accepted. State v… Read more
State v. Ahern Ramel, 2007 WI App 271 For Ramel: Wm. Tyroler, SPD, Milwaukee Appellate Issue/Holding: The court may take judicial notice of public records, including material found in briefs available on-line, ¶24 n. 9… Read more
State v. Sherry L. Schultz, 2007 WI App 257; companion case: State v. Scott R. Jensen, 2007 WI App 256; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: ¶9 In State v. Kuntz, 160 Wis. 2d 722, 736-37, 467 N.W.2d… Read more
State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Jury instructions on the elements of duty and intent under § 946.12(3) created mandatory conclusive presumptions: ¶10 Schultz contends that the… Read more
