Waiver of Escalona argument; claim of self-defense where crime includes “utter disregard of life” element Click here for court of appeals decision, PFR filed 8/3/09 (opinion originally issued 4/23, withdrawn 5/12, reissued 5/21, withdrawn 6/12, reissued 7/2. Groundhog Day? Not quite: the withdrawn opinions found that trial counsel was ineffective for not seeking a lesser… Read more
9. Crimes
Hit and run causing injury is felony Click here for court of appeals decision Defense counsel: John M. Yackel Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony. Analysis: Obviously, this result is going to make life more… Read more
State v. Christopher Baron, 2009 WI 58, affirming 2008 WI App 90 For Baron: Daniel P. Dunn Issue/Holding: The identity theft charge against Baron, sending emails from Fischer’s account without authorization and with intent to harm his reputation as a government official, survives strict scrutiny analysis under the First Amendment (freedom of speech clause): ¶45 To survive strict… Read more
State v. Christopher Baron, 2009 WI 58, affirming 2008 WI App 90 For Baron: Daniel P. Dunn Issue/Holding: The charge of identity theft, based on Baron’s alleged conduct in sending emails from Fischer’s account without authorization and with intent to harm his reputation, is “content based” within the meaning of First Amendment analysis: ¶38 In the case at… Read more
State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinionF For Long: Joseph L. Sommers Issue: Whether “restrained or confined” element of false imprisonment was established where the defendant hugged the complainant tightly while committing an act of sexual contact. Holding: ¶28 This court has previously explained that… Read more
State v. Ross M. Brandt, 2009 WI App 115 For Brandt: John M. Yackel Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony. Obviously, this result is going to make life more difficult for hit-run representation, for the obvious… Read more
State v. Christopher Baron, 2009 WI 58, affirming 2008 WI App 90 For Baron: Daniel P. Dunn Issue/Holding: First amendment analysis applies to an identity theft charge alleging that Baron sent emails from Fischer’s account without authorization and with intent to harm his reputation: ¶16 In order to determine if a First Amendment analysis is required, we… Read more
State v. Garrett L. Huff, 2009 WI App 92, PFR filed 6/3/09 For Huff: Jeffrey W. Jensen Issue/Holding: Impossibility of fulfilling goal of conspiracy (here: election bribery, where other “conspirators” were undercover officers ineligible to vote) doesn’t preclude conviction, given Wisconsin’s recognition of “unilateral” conspiracies, State v. Sample, 215 Wis. 2d 487, 573 N.W.2d 187 (1998): ¶11 … Thus… Read more
