State v. Todd M. Jadowski, 2004 WI 68, on certification For Jadowski: Richard Hahn Issue: Whether due process supports an affirmative defense to sexual assault of a minor, § 948.02(2), based on the minor’s intentional misrepresentation of his or her age. Holding: ¶36. Upon reading Wis. Stat. § 948.02(2), we conclude that the statute is clear and… Read more
1. Constitutional
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶86. In the meantime, we must give effect to the constitutional right embodied in Article I, Section 25.39 A defendant who challenges on constitutional grounds a prosecution for carrying a concealed weapon will be required to secure affirmative answers to the following legal… Read more
State v. Jeffrey B. Haines, 2003 WI 39, 2002 WI App 139 For Haines: Mark A. Huesmann, Sonja Davig Huesmann Issue/Holding: An extension of the limitation period for prosecuting a crime, before the prior limitation period has expired, doesn’t violate the ex post facto clause of the Wisconsin Constitution. ¶15. In sum, the court of appeals succinctly and… Read more
State v. James D. Miller, 2002 WI App 197, PFR filed 8/2/02 For Miller: Matthew H. Huppertz, Craig Kuhary, Daniel P. Fay Issue/Holding: The charging period of March 1, 1989, to March 31, 1993, was not too expansive to provide opportunity to prepare a defense, largely because of the victim’s youthfulness and vulnerable relationship (patient-therapist) to defendant, ¶31… Read more
State Charles A. Dunlap, 2002 WI 19, reversing, 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398 For Dunlap: Jack E. Schairer, SPD, Madison Appellate Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault, even… Read more
State v. Carl R. Kramer, 2001 WI 132, reversing and remanding 2000 WI App 271, 240 Wis. 2d 44, 622 N.W.2d 4 For Kramer: Stephen D. Willett Issue1: Whether Kramer established a prima facie case for selective prosecution. Holding: On a selective prosecution claim, the defendant must show both discriminatory purpose and effect. The state concedes discriminatory purpose. As… Read more
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether § 943.201(2) creates a continuing offense such that, as applied to Ramirez, it violated the ex post facto clause because the statute was promulgated after he commenced the activity that formed the basis for the charge. Holding: ¶18. We… Read more
Monroe Swan v. Douglas LaFolette, 231 Wis.2d 633, 605 N.W.2d 640 (Ct. App. 1999) Issue: Whether denial of opportunity to become notary public due to felony conviction violates ex post facto provision. Holding: Ex post facto clause forbids punishing as crime any act which wasn’t punishable when committed, but laws that merely disadvantage someone don’t… Read more
