State v. Brian K. Sowatzke, 2010 WI App 81; for Sowatzke: Andrew R. Walter; BiC; Resp.; Reply ¶13 Sowatzke had two countable OWI “convictions, suspensions or revocations” (i.e., he had two OWI convictions) at the time he was arrested on May 9; he had a BAC of 0.048 percent at the time he was arrested on… Read more
9. Crimes
State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply ¶1 … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”… Read more
State v. Carl Ralph Eichorn, 2010 WI App 70; for Eichorn: Melissa Fitzsimmons, SPD, Milwaukee Appellate; BiC; Resp.; Reply Evidence was sufficient to support stalking conviction, though the requisite “course of conduct” occurred over short span of time: ¶9 In sum, there is more than sufficient evidence under our standard of review to… Read more
court of appeals decision (1-judge; not for publication); pro se; Resp. Br. Controlled Substance – Prescribed by Out-of-State Doctor Possession of marijuana, prescribed by California doctor under laws of that state, may be prosecuted in Wisconsin: though an exception exists for possession obtained by prescription from a “practitioner,” § 961.41(3g), the practitioner must be licensed… Read more
court of appeals decision (3-judge; not recommended for publication); for Evans: George Tauscheck; BiC: Resp.; Reply Testimony from 4 (of a total of 9) false imprisonment victims wasn’t necessary to sustain the convictions on those counts: … (A) reasonable jury could have determined beyond a reasonable doubt from circumstantial evidence that Nathan B., Nicholas B… Read more
State v. Mitchell D. Pask, 2010 WI App 53; for Pask: Jefren E. Olsen, SPD, Madison Appellate; Resp. Br.; Reply Br. ¶1 … (W)hen there is evidence that a defendant has an intention to take a child to a place that is partially screened or hidden from view, a jury may find that it is… Read more
State v. Benjamin W. Mercer, 2010 WI App 47; prior history: Certification, 7/1/09, rejected 9/10/09; for Mercer: Steven P. Sager A person can knowingly possess images of child pornography while viewing them on a computer, even though they aren’t stored on the hard drive. ¶29 Our impression of these cases is that courts are more… Read more
decision below: 2009 WI App 143; for Conner: Steven J. House Issues: What degree of specificity is required in charging dates of allege conduct in a criminal information to satisfy the accused’s constitutional due process rights of notice of the charged offenses? Does Wis. Stat. § 940.32(2m)(b) require that the state prove that a “course… Read more
