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
D. Ch. 940: Against life/body
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. Charles J. Burroughs, 2002 WI App 18 For Burroughs: William F. Mross Issue/Holding: The term “confine” has been defined under § 940.30 (false imprisonment), to mean compelled deprivation of free movement. ¶18. Therefore, the definition of “confine” in Wis JI-Criminal No. 1275 applies to kidnapping. ¶19. Applying that definition: physical force isn’t essential; nor… Read more
State v. Russell L. Dibble, 2002 WI App 219, PFR filed 8/14/02 For Dibble: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: First-degree recklessly endangering safety, § 941.30(1), is not a lesser included offense of aggravated battery, § 940.19(5), under the “elements-only” test. Aggravated battery requires intent (to cause great bodily harm); endangering safety requires recklessness (while showing utter disregard for human life)… Read more
State v. Russell L. Dibble, 2002 WI App 219, PFR filed 8/14/02 For Dibble: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: First-degree recklessly endangering safety, § 941.30(1), is not a lesser included offense of aggravated battery, § 940.19(5), under the “elements-only” test. Aggravated battery requires intent (to cause great bodily harm); endangering safety requires recklessness (while showing utter disregard for… 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
Lavelle Chambers v. McCaughtry, 264 F.3d 732 (7th Cir 2001) For Chambers: John T. Wasielewski Issue/Holding: Chambers is liable for the killing of a police officer by Chambers’ codefendant, while the pair were trying to flee apprehension during commission of a felony (armed burglary)… Read more
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142 For Badker: Timothy A. Provis Issue: Whether the evidence was sufficient to sustain conviction for “hiding” corpse, § 940.11(2). Holding: By dumping the deceased’s body into a 6-foot-deep, water-lined ditch in a secluded wildlife refuge, Badker satisfied the element of “hiding”… Read more
