State v. Aprylann Wuteska, 2007 WI App 157, PFR filed 6/14/07 For Wuteska: Mark H. Bennett Issue/Holding: The plain text of § 346.67(1)(a) requires the operator of a vehicle involved in an accident resulting in injury to a person or damage to a vehicle to identify him or herself as the operator: ¶13 Applying these principles, we… Read more
9. Crimes
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue/Holding: The definition of “highway” for purposes of the hit-and-run statute, § 346.67(1), is found in § 340.01(22), ¶ n. 3… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue: Whether hit-and-run liability attaches to an accident occurring on private property. Holding: ¶13 In this case, as already noted, we are concerned with the meaning of “accident” in Wis. Stat. § 346.67(1) in conjunction with the requirement of “upon the highway”… Read more
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶7 … Because the implied consent law makes no provision for the right to counsel, an officer is correct to record a refusal if the arrestee insists on speaking to an attorney before answering.…¶8 … County of Ozaukee v. Quelle, 198… Read more
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: Administering Miranda rights prior to the “Informing the Accused” caution applicable to OWI does not invalidate the latter (at least where the motorist is concurrently under arrest for a separate crime): ¶14 There is no dispute that Thomas read Kliss the Miranda warning… Read more
State v. Jonathan J. Hubbard, 2007 WI App 240, (AG’s) PFR filed 11/20/07 For Hubbard: Steven Zaleski Issue/Holding: The construction of “materially impaired” by State v. Waalen, 130 Wis. 2d 18, 27, 386 N.W.2d 47 (1986), clarifies the meaning of that OWI element: ¶9 In Waalen, … (t)he court stated that material impairment “exists when a person is incapable… Read more
State v. Henry E. Routon, 2007 WI App 178, PFR filed 7/23/07 For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶18 Wisconsin Stat. § 939.31 sets forth the elements of the crime of conspiracy applicable under Wis. Stat. § 961.41(1x).[8] Section 939.31 provides: …. whoever, with intent that a crime be committed, agrees or combines with another for the… Read more
State v. Henry E. Routon, 2007 WI App 178, PFR filed 7/23/07 For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶36 Routon, as noted above, argues that the single sale to Agent Smith is, as a matter of law, insufficient evidence of an agreement. However, in the cases on which he relies, there was no evidence… Read more
