State v. Cleveland R. Tidwell, 2009 WI App 153, PFR filed 10/9/09 For Cleveland: Jeremy C. Perri, SPD, Milwaukee Appellate Issue/Holding: Evidence held sufficient to sustain conviction for attempted theft from person, where Tidwell demanded money from a restaurant clerk, hit his fist on cash register and fax machine next to cash register, and tried… Read more
9. Crimes
State v. Dana Eaglefeathers, 2009 WI App 2, PFR filed 1/9/09 For Eaglefeathers: Patricia A. Fitzgerald Issue/Holding: Violation of the same condition in a single bond applicable to two different cases (failure to appear at both preliminary hearings scheduled for the same time and court) supports multiple bail jumping charges: ¶8 The parties do not dispute that… Read more
State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion For Ferguson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Where it was clear not only that Ferguson obstructed the police outsideher apartment but also that the jury so found, arguable omission of a “complete” instruction on whether the police acted with lawful authority in entering her apartment was… Read more
State v. Kelly R. Ferguson, 2009 WI 50, reversing unpublished opinion For Ferguson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶31 Because “lawful authority” is an element of obstruction under Wis. Stat. § 946.41(1), if the jury was not properly instructed on the meaning of “lawful authority,” given the facts presented to the jury, the circuit court erred.See Harvey… Read more
Joseph E. Koll, Jr v. Dept of Justice, 2009 WI App 74, PFR filed 4/29/09 For Koll: Alexander L. Ullenberg Issue: Whether Koll’s conviction of so-called “non-domestic” disorderly conduct was for a misdemeanor crime of domestic violence as defined 18 U.S.C. §921(a)(33)(A), so as to preclude him from obtaining a handgun. Holding: The federal Gun Control Act bars… Read more
State v. Christopher F. Becker, 2009 WI App 59, PFR filed 5/8/09 For Becker: Jeremy C. Perri, SPD, Milwaukee Appellate Issue/Holding: Waived objection to jury instruction “which failed to tie a particular act of sexual contact to a particular count” on a 2-count information of sexual assault of a child, not prejudicial (State v. Marcum, 166 Wis… Read more
State v. James F. Lala, 2009 WI App 137, PFR filed 9/1/09 For Lala: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶11 Sexually explicit conduct as defined in Wis. Stat. § 948.01(7)(e) includes actual or simulated “lewd exhibition of intimate parts.” The term “lewd,” however, is not statutorily defined, nor has a single definition been established… Read more
State v. Patrick R. Patterson, 2009 WI App 161 For Patterson: David R. Karpe Issue/Holding: ¶29 We will assume, for purposes of Patterson’s argument, that the definition of “juvenile” in Wis. Stat. § 938.02 applies for purposes of defining “delinquency” in Wis. Stat. § 948.40. Nonetheless, Patterson’s statutory analysis ignores the fact that a seventeen-year-old is only… Read more
