Wisconsin State Public Defender
Brief Bank
CRIMES: Against Government and its Administration


Bribery
(No Entries)
Contempt
In re the Paternity of Davis V.S. and Devon L.C:
State v. Asa V.D., 98-3524, 98-3525
I. ABSENT NEW PLEADINGS, THE TRIAL COURT DID NOT HAVE AUTHORITY ON JULY 20, 1998, TO FIND APPELLANT IN CONTEMPT FOR FAILING TO MAKE SUPPORT PAYMENTS SUBSEQUENT TO THE MARCH 16, 1998, HEARING ON THE REQUESTED ORDER TO SHOW CAUSE.
II. THE RECORD DOES NOT SUPPORT THE TRIAL COURT'S FINDING OF CONTEMPT.
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In re the Finding of Contempt in re the Marriage of Christina M. Goerlitz n/k/a Christina M. Jacobson v. James A. Goerlitz:
State v. Goerlitz n/k/a Jacobson, 99-1947
I. RESPONDENT WAS NOT IN CONTEMPT OF A DIVORCE JUDGMENT REQUIRING HER TO PAY 25% OF HER GROSS INCOME FOR CHILD SUPPORT WHEN SHE PAID NO SUPPORT DURING A TIME PERIOD IN WHICH SHE HAD NO INCOME AFTER QUITTING HER JOB BECAUSE SHE PLANNED TO MOVE PERMANENTLY TO ANOTHER STATE.
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Escape
State v. Kristopher P., 99-2222
ATTEMPTING TO RUN FROM AN OFFICER WHILE SUBJECT TO DISPOSITIONAL ORDERS WITH A LESS RESTRICTIVE PLACEMENT THAN TYPE 2 OR CORRECTIONS CANNOT SUPPORT AN ESCAPE CHARGE UNDER WIS. STAT. §§ 946.42(3)(B) OR (C).
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False Swearing and Perjury
(No Entries)
Resisting
State v. Lynwood E. Huntoon, 00-0834-CR
III. THERE IS NO FACTUAL BASIS TO CONVICT A PERSON OF RESISTING WHEN THE PERSON PHYSICALLY RESISTS AN UNLAWFUL ARREST.
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Obstructing
In the Interest of Clarissa P.; a Person Under the Age of 18:
State v. Clarissa P., 99-0196
REFUSING TO IDENTIFY HERSELF AND PUSHING OR PULLING AWAY WHEN THE OFFICER TRIED TO GRAB HER ID NECKLACE DID NOT CONSTITUTE OBSTRUCTING AN OFFICER BECAUSE CLARISSA DID NOT GIVE FALSE INFORMATION NOR DID SHE FRUSTRATE THE OFFICER'S ABILITY TO PERFORM HIS DUTY.
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State v. David A. Callison, 00-2433-CR
THE TRIAL EVIDENCE UPON COUNT #4 WAS INSUFFICIENT TO SUPPORT DEFENDANT'S CONVICTION OF OBSTRUCTING AN OFFICER, WIS. STAT. § 9464.1(1), AS A MATTER OF LAW.
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State v. Lynwood E. Huntoon, 00-0834-CR
II. THERE IS NO FACTUAL BASIS TO CONVICT A PERSON OF OBSTRUCTION IF THE POLICE HAVE NO SUSPICION THAT THE PERSON IS INVOLVED IN CRIMINAL ACTIVITY AND THE PERSON WALKS AWAY WHEN THE POLICE DEMAND HE STOP AND IDENTIFY HIMSELF.
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Bail Jumping
State v. Anderson, 96-0087-CR, 96-0088-CR, 219 Wis. 2d 739 (1998)
DANIEL ANDERSON'S CONVICTIONS FOR TWO COUNTS OF BAIL JUMPING BASED ON SEPARATE VIOLATIONS OF TERMS OF ONE BOND WERE MULTIPLICITOUS UNDER THE FACTS AND CIRCUM-STANCES OF THIS CASE.
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State v. Semrau, 98-3443-CR, 99-3452-CR
II. BAIL JUMPING IS NOT A CRIME AGAINST PERSONS OR PROPERTY AND THUS IS NOT THE TYPE OF FELONY THAT CAN FORM THE BASIS OF A BURGLARY CHARGE.
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State v. Taylor, 98-0962-CR, 98-0963-CR
II. THE POSITIVE URINE TEST FOR THC WAS INSUFFICIENT TO SUPPORT A CONVICTION FOR BAIL JUMPING.
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Official Misconduct
(No Entries)
Interference With Law Enforcement
(No Entries)
Other
State v. Patterson, 98-3078
A CORRECTIONAL OFFICER IS NOT AN OFFICER WITHIN THE MEANING OF SEC. 946.41, STATS.
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State v. Perkins, III, 99-1924-CR
I. THE EVIDENCE PRESENTED AT TRIAL WAS INSUFFICIENT TO SUPPORT DEFENDANT'S CONVICTION OF THREAT TO A JUDGE, WIS. STAT. § 940.203(2) BECAUSE DEFENDANT DID NOT MAKE A TRUE "THREAT."
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State v. Murle E. Perkins, III, 99-1924-CR, __ Wis.2d __ ( )
I. A NEW TRIAL SHOULD BE GRANTED IN THE INTERESTS OF JUSTICE BECAUSE THE PATTERN JURY INSTRUCTION FOR THE OFFENSE OF THREAT TO A JUDGE, WIS. J.I.-CRIMINAL: NO. 1240, FAILS TO ADEQUATELY DEFINE THE ELEMENT OF A "THREAT" CONSISTENT WITH THE CONSTITUTIONAL RIGHT TO FREEDOM OF SPEECH.
II. THE TRIAL EVIDENCE WAS INSUFFICIENT TO SUPPORT DEFENDANT'S CONVICTION OF THREATENING A JUDGE, WIS. STAT. § 940.203, BECAUSE DEFENDANT'S STATEMENT HAD NOT BEEN A TRUE THREAT.
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