State v. Patrick R. Patterson, 2009 WI App 161 For Patterson: David R. Karpe Issue/Holding: ¶25 There is no dispute that testing revealed that Tanya S. had Oxycodone in her system at the relevant time. However, as Patterson argues, the presence of drugs in someone’s system, standing alone, is not sufficient evidence to support a… Read more
9. Crimes
State v. Mark T. Jahnke, 2009 WI App 4 For Jahnke: Harold L. Harlowe; Michael J. Herbert Issue/Holding: Secretly videotaping another without consent, though that person knowingly exposes herself nude to the video taper, supports criminal liability: ¶6 Jahnke contends that the facts do not support the third element, the expectation of privacy element. He reasons… Read more
State v. Mark T. Jahnke, 2009 WI App 4 For Jahnke: Harold L. Harlowe; Michael J. Herbert Issue/Holding: ¶5 Jahnke entered a plea to the recording crime defined in Wis. Stat. § 942.09(2)(am)1. That crime has four elements: (1) the defendant recorded a person in the nude;(2) the recording is without the nude person’s knowledge and… 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: On a trial for stalking, § 940.32, where one of the elements is prior conviction for “violent crime,” the defendant may blunt prejudicial impact of proof of the prior by stipulating to the existence of the… Read more
State v. Janet A. Conner, 2009 WI App 143, PFR filed 9/28/09 For Conner: J. Steven House Issue/Holding: An information alleging the elements of stalking, § 940.32(2m)(b), but not the acts allegedly establishing the “course of conduct,” provided adequate notice of the charge; court rejecting argument that Connor deprived of notice of “time frame in which the… Read more
State v. Julio C. Bautista, 2009 WI App 100, PFR filed 7/16/09 For Bautista: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Section 961.45 bars successive drug prosecutions by dual sovereignties premised on the “same act” (or “conduct”), State v. Colleen E. Hansen, 2001 WI 53. Although broader than the Blockburger “elements-only” test, this “same-conduct” test does not bar… Read more
Waukesha County v. Eric D. Smith, 2008 WI 23, affirming unpublished decision For Smith: Kirk B. Obear Issue/Holding: By reading the required statutory information verbatim, the officer fully complied with § 343.305(4); he did not err by failing to inform the driver that he might incur penalties different from those in Wisconsin relative to the state that issued… Read more
State v. Jonathan J. Hubbard, 2008 WI 92, reversing 2007 WI App 240 For Hubbard: Steven W. Zaleski Issue: Whether, upon jury request for clarification of “materially impaired” under the instructions for injury by intoxicated use of a vehicle, § 940.25(1)(a), the trial court properly responded that the should “give all words not otherwise defined… Read more
