State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: To attack a custody order as void, in defense against interference with child custody, § 948.31, “the family court would have had to lack subject matter jurisdiction or personal jurisdiction, or Campbell would have had to receive inadequate… Read more
2. Common law
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a § 948.31 defendant is entitled to raise a common-law privilege defense against the element of “legal custody” by collaterally attacking the court’s custody order as having been procured by fraud. Holding: ¶56 There are good reasons… Read more
State v. Thomas Scott Bailey Smith, Sr., 2005 WI 104, reversing 2004 WI App 116 For Smith: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: Smith’s unsuccessful prior challenge to the court support order bars him, under principles of claim preclusion, from challenging the validity of the order in the present non-support prosecution, ¶¶21-23. The court… Read more
State v. Waylon Picotte, 2003 WI 42, on certification For Picotte: John T. Wasielewski Issue: Whether conviction for homicide is barred because the victim did not die within a year and a day of infliction of the fatal injuries. Holding: ¶5. We disagree with the circuit court and hold that the defendant’s conviction in this case is… Read more
State v. John V. Dundon, 226 Wis.2d 654, 594 N.W.2d 780 (1999), on certification For Dundon: William S. Coleman, SPD, Milwaukee Appellate. Holding: ¶36 In Coleman, we recognized that “a narrow defense of privilege under Wis. Stat. § 939.45(6) exists to a charge of felon in possession of a firearm.” Coleman, 206 Wis. 2d at 210. The… Read more
State v. Christopher M. Clutter, 230 Wis.2d 472, 602 N.W.2d 324 (Ct. App. 1999) For Clutter: Martha K. Askins, SPD, Madison Appellate Issue: Whether the nonsupport defense of inability to pay is viable by showing “lack of financial resources alone.” Holding: “(L)ack of financial resources alone is insufficient to demonstrate inability to pay.” Inability to… Read more
State v. Shonna Hobson, 218 Wis.2d 350, 577 N.W.2d 825 (1998), on certification For Hobson: Keith A. Findley, John A. Pray, LAIP, UW Law School Holding: Wisconsin recognizes a common law privilege to forcibly resist an unlawful arrest (i.e., w/o made w/o probable cause); but having recognized that privilege, the court simultaneously abrogates it (albeit prospectively… Read more
