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7. Obstructing/resisting

State v. Mark A. Gierczak, 2012AP965-CR, District 4, 12/13/12 court of appeals decision (1 judge; ineligible for publication); case activity For purposes of obstructing an officer § 946.41, “officer” includes someone with authority “to take another into custody,” and therefore includes a correctional officer at a county jail, ¶¶11-12. The court of appeals thus rejects Gierczak’s challenge to the factual… Read more

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State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were… Read more

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State v. Robert Lyle Lawver, Jr., 2010AP382-CR, District 4, 5/5/11 court of appeals decision (1-judge, not for publication); for Lawver: Cole Daniel Ruby; case activity Conviction for disorderly conduct upheld on following facts: ¶9        The pertinent facts include the following.  Lawver was walking at night down an unlit highway, traveling with traffic, so that he… Read more

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State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor… Read more

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State v. Jennette L. Ellifritz, 2010AP713-CR, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Ellifritz: Gary Grass; BiC; Resp.; Reply Obstructing – Unanimity – Course of Conduct Because Ellifritz’s actions occurred during a single course of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

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State v. Donald L. Schultz, 2010 WI App 124 (decision originally issued 7/20/10, subsequently withdrawn; reissued 8/17/10); for Schultz: Margaret A. Maroney, Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply Venue – Instruction ¶12 Although venue is not an element of a crime, it nonetheless must be proved beyond a reasonable doubt. State v… Read more

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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

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State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion For Ferguson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Where it was clear not only that Ferguson obstructed the police outsideher apartment but also that the jury so found, arguable omission of a “complete” instruction on whether the police acted with lawful authority in entering her apartment was… Read more

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