State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply Manipulation of Adult Jurisdiction over Juvenile Offense When the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to… Read more
9. Crimes
City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs The trial court didn’t erroneously exercise discretion in qualifying as an expert, the supervisor of forensic toxicology at the Wisconsin State Laboratory of Hygiene on the matter… Read more
State v. Jennette L. Ellifritz, 2010AP713-CR, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Ellifritz: Gary Grass; BiC; Resp.; Reply Obstructing – Unanimity – Course of Conduct Because Ellifritz’s actions occurred during a single course of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
State v. Nick J. W., 2009AP2030-CR, District 4, 8/26/10 court of appeals decision (3-judge, not recommended for publication); for Nick J.W.: Joseph L. Sommers; BiC; Resp.; Reply Incest – Sufficiency of Evidence The 16-year-old complainant’s testimony that her biological father had sex with her sufficed to prove the crime of incest, the court rejecting the… Read more
State v. David E. Steinke, 2009AP3207-CR, District 4, 8/26/10 court of appeals decision (1-judge, not for publication); for Steinke: Cody Wagner; BiC; Resp.; Reply Driving with a prohibited alcohol content of .08 or more, second offense, is a crime and therefore subject to beyond-reasonable-doubt burden of proof. Sitting as trier of fact in a bench… Read more
State v. Kurt D. Schmidt, 2010AP551-CR, District 3, 8/24/10 court of appeals decision (1-judge, not for publication); for Schmidt: Andrew John Laufers; BiC; Resp.; Reply Conviction for disorderly conduct was established by evidence that Schmidt, following a contentious divorce, left messages on his ex-wife’s answering machine cautioning her “to question (her) own personal assurance and… Read more
State v. Randall L. Wegener, 2010AP452-CR, District 1, 8/18/10 court of appeals decision (1-judge, not for publication); for Wegener: Kirk B. Obear; BiC; Resp. Reasonable Suspicion – Traffic Stop Inclement winter weather didn’t obviate the need to stay within the proper lane, such that crossing the center line, even briefly a few times, provided reasonable… Read more
court of appeals decision (3-judge, not recommended for publication); for Watling: Margaret A. Maroney, Shelley M. Fite, SPD, Madison Appellate; BiC; Resp.; Reply Sentencing – Exercise of Discretion – Sex Offender Registration The sentencing court properly exercised discretion in requiring Watling to register as a sex offender on his conviction for 4th-degree sexual assault, ¶¶7-15… Read more
