State v. Arden C. Hirsch, 2002 WI App 8For Hirsch: Paul G. LaZotte, UW Law School, LAIP Issue: Whether the evidence was sufficient to sustain conviction for second-degree murder, § 940.02 (1969). Holding: Discrepancies between the parent’s version of what happened to the child and medical expert testimony as to what could not have, or what must… Read more
8. Sec. 940.02
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue: Whether the first-degree intentional homicide defendant was entitled to an instruction on the lesser offense of first-degree reckless homicide. Holding: Barreau must show a reasonable basis for negating intent to kill. The victim was killed by multiple blows to the head with… Read more
State v. Jefrey S. Kimbrough, 2001 WI App 138, PFR filed 6/25/01 For Kimbrough: Glenn C. Cushing, SPD, Madison Appellate Issue: Whether the evidence satisfied the reckless-conduct element, in particular that the defendant was subjectively aware of the risks in shaking a baby who died as a result. Holding: The jury was entitled to draw a finding of… Read more
State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999) For Edmunds: Dean A. Strang Holding: “Utter disregard for human life,” an element of first-degree recklessness, derives from the old second-degree (depraved murder) statute. It imposes an objective test. Therefore, in this shaken baby death, it’s irrelevant whether Edmunds had “personal… Read more
