9. Crimes

court of appeals decision; for Puchacz: William M. Hayes Resp Br OWI Enhancer, § 346.65(2) – Out-of-State Conviction Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13… Read more

court of appeals decision; for Fortun: Todd E. Schroeder AG’s BiC; Resp Br; Reply Forgery, § 943.38(1) – Altered Prescription Altering the number of pills on a prescription and presenting the altered document to a pharmacist comes within the forgery statute, § 943.38(1)… Read more

court of appeals decision; for Fortun: Todd E. Schroeder Forgery, § 943.38(1) – Altered Prescription (Increasing Number of Pills) Altering the number of pills on a prescription and presenting the altered document to a pharmacist comes within the forgery statute, § 943.38(1)… Read more

court of appeals decision; for Haywood: Robert E. Haney Battery to Peace Officer, § 940.20(2), Elements It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for… Read more

court of appeals decision, for Patterson: David R. Karpe Multiplicity – First-Degree Reckless Homicide by Delivery of Controlled Substance, § 940.02(2)(a) and Contributing to Delinquency Resulting in Death of Child, § 948.40(4)(a): Not Multiplicitous Based largely on State v. Jimmie Davison, 2003 WI 89 (multiple convictions for battery permissible so long as multiple batteries have been charged)… Read more

court of appeals decision; for Freer: Suzanne L. Hagopian Intimidation of Crime Victim, § 940.44(2), Intimidation Occurring after Complaint Filed Intimidation of a crime victim, § 940.44(2), isn’t restricted to conduct occurring before the victim reports the crime to the police but, rather, covers conduct after the complaint has been filed: ¶24 In light of… Read more

 court of appeals decision; for Lesik: Anthony Cotton Overbreadth challenge to 948.02, sexual assault of a child Sexual assault (intercourse) of a child, § 948.02, isn’t unconstitutionally overbroad, against a theory that it criminalizes acts undertaken for “proper medical purpose.” Although the statute is silent with respect to medical conduct, potential overbreadth may be cured… Read more