State v. Thomas Louis Giegler, 2021AP952-CR, 11/2/21, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Unbelievable. A jury convicted Geigler of knowing violation of a TRO. The court of appeals now reverses the conviction because the State’s evidence was insufficient to prove guilt beyond a reasonable doubt. It remands the case with… Read more
3. Domestic abuse injun.
State v. Michael K. Lorentz, 2018AP1515, 10/1/19 (one-judge decision; ineligible for publication); case activity (including briefs) The state charged Lorentz with violating four injunctions. One count was brought under Wis. Stat. § 813.12(8)(a) (for violating a domestic abuse injunction regarding his ex-wife) and three under Wis. Stat. § 813.122(11) (for violating three child abuse injunctions–one for each of their… Read more
State v. Timothy Jon Eloe, 2011AP1970-CR, District 2, 2/29/12 court of appeals decision (1-judge, not for publication); for Eloe: John C. Orth; case activity ¶5 To be sufficient, a criminal complaint need only be minimally adequate in setting forth essential facts establishing probable cause. State v. Adams, 152 Wis. 2d 68, 73, 447 N.W.2d 90 (Ct. App… Read more
State v. James M. Johnson, 2011AP2374-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); pro se; case activity Evidence – Johnson left voicemail message on complainant’s work phone – held sufficient to sustain conviction for violating temporary restraining order. ¶8 Regarding the nature of the voice mail message and its violation of the… Read more
State v. Kenney Wayne Madlock, 2012AP1439-CR, District 1, 1/15/13 Court of appeals decision (1-judge; not eligible for publication); case activity Violating domestic abuse injunction — Sufficiency of the evidence The evidence was sufficient to support conviction at a bench trial for violating an injunction that required Madlock to avoid the residence of T.M., who had… Read more
State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
Predick v. O’Connor, 2003 WI App 46 Issue/Holding: Banishment from victims’ county, under harassment injunction, § 813.125, upheld: ¶18 Thus, banishment is not a per se constitutional violation. As the previous discussion demonstrates, there is no exact formula for determining whether a geographic restriction is narrowly tailored. Each case must be analyzed on its own facts, circumstances… Read more
State v. Michael A. Sveum, 2002 WI App 105, PFR filed 5/10/02 For Sveum: Ian A.J. Pit Issue/Holding: Violation of harassment injunction isn’t lesser offense of harassment, each requiring proof of distinct element. ¶¶23-28. (Court stressing, in particular, that for harassment defendant need only be “subject” to injunction but not actually violate it. ¶25.)… Read more
