State v. Angela A. Keyes / Matthew E. Keyes, 2008 WI 54, affirming in part and reversing in part, 2007 WI App 163 For both Keyes: Michael J. Devanie Issue/Holding1: ¶21 The Keyes were charged with theft by contractor under Wis. Stat. § 779.02(5), part of Wisconsin’s construction lien law. … The statute prohibits the… Read more
9. Crimes
State v. Michael G. Mertes, 2008 WI App 179, PFR filed 12/17/08 For Mertes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue: Whether finding the sleeping occupant of a vehicle parked at a gas station, with engine off but key in the ignition, along with other factors sufficiently proved the OWI element of “operating.” Holding: ¶13 Wisconsin Stat. § 346.63(3)(b)… Read more
State v. Thomas P. Tecza, 2008 WI App 79, PFR filed 5/22/08 For Tecza: Timothy P. Swatek Issue: Whether a roadway within a gated community entry to which is guarded by a security station is “held out to the public for use of their motor vehicles” so as to support drunk driving conviction within § 346.61. Holding… Read more
State v. Robert T., 2008 WI App 22For Robert T.: Bradley J. Bloch Issue: Whether § 947.015 (2003-04) (“Bomb Scares”) is overbroad and therefore cannot support prosecution for a phoned-in but false bomb threat. Holding: ¶12 Robert T. argues that the statute suffers from overbreadth because it prohibits speech that could be protected. We disagree. Prior Wisconsin opinions… Read more
State v. Alexander Caleb Grunke / State v. Dustin Blake Radke, 2008 WI 82, reversing 2007 WI App 198 For Grunke: Suzanne Edwards For Radke: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether § 940.225 criminalizes sexual contact or sexual intercourse with a victim already dead at the time of the sexual activity when the accused… Read more
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶37 Owner nonconsent, like other elements of criminal offenses, may be proved by circumstantial evidence. See Bohachef v. State, 50 Wis. 2d 694, 700-01, 185 N.W.2d 339 (1971). The test on review is… Read more
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: ¶57 Next, we address Doss’s argument that there was insufficient evidence to support her conviction under Wisconsin Statute § 943.20(1)(b). Doss correctly recites the elements the State was required to establish to obtain a conviction: that (1)… Read more
State v. George W. Lis, Sr., 2008 WI App 82 For Lis: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶7 As relevant here, a person violates Wis. Stat. § 943.201(2) when he or she intentionally uses, attempts to use, or possesses with intent to use any personal identifying information … of an individual … (a) To… Read more
