State v. Jeremy Denton, 2009 WI App 78 / State v. Aubrey W. Dahl, 2009 WI App 78 For Denton: Paul G. Bonneson For Dahl: Patrick M. Donnelly Issue/Holding: Though merely incidental to robbery, kidnapping charge is supported on theory that ordering the victim to relinquish property holds that person to service against his or her will… Read more
9. Crimes
State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: ¶52 We conclude as a matter of law that shooting a person in the thigh at a range of sixteen feet with a shotgun is practically certain to cause at least a protracted loss or impairment of the function of the… Read more
State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: In a battery-to-officer prosecution, it is no defense that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element: ¶11 The flaw in Haywood’s contention, however, is that a law-enforcement… Read more
State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion For Long: Joseph L. Sommers Issue: Whether use of force element of second-degree sexual assault was established where the defendant asked the complainant to rate his penis then hugged her so that she could feel his penis through… Read more
State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: Miller incontrovertibly had some basis to fire a shotgun at his drunken, violent antagonist and even if not adequate to establish full self-defense was enough to defeat the reckless injury element of utter disregard for human life, thereby requiring entry… Read more
State v. Janet A. Conner, 2009 WI APP 143, PFR filed 9/28/09 For Conner: J. Steven House Issue/Holding: ¶11 Wisconsin Stat. § 940.32 creates three distinct classifications of stalking offenses. See State v. Warbelton, 2009 WI 6, ¶24, 315 Wis. 2d 253, 759 N.W.2d 557. Subsections (2) and (2e) each set forth separate requirements for Class… Read more
State v. Janet A. Conner, 2009 WI APP 143, PFR filed 9/28/09 For Conner: J. Steven House Issue/Holding: ¶19 We conclude that the seven year time restriction specified in Wis. Stat. § 940.32(2m)(b) requires that only the final act charged as part of a course of conduct occur within seven years of the previous conviction… Read more
State v. Jeffrey A. Warbelton, 2009 WI 6, affirming 2008 WI App 42 For Warbelton: Paul G. Lazotte, SPD, Madison Appellate Issue/Holding: Prior conviction for a violent crime is element, not penalty enhancer, of stalking, §§ 940.32(2) & (2m)(a): ¶30 First, sub. (2m)(a) designates a list of specific crimes that elevate a simple stalking offense… Read more
