Wisconsin State Public Defender
Brief Bank
CRIMES: Against Bodily Security


Battery
State v. Patterson, 98-3078
A CORRECTIONAL OFFICER IS NOT AN OFFICER WITHIN THE MEANING OF SEC. 946.41, STATS.
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Reckless Injury
State v. Jensen, 98-3175-CR, ___ Wis. 2d ___ ( )
I. THE STATUTE DEFINING FIRST-DEGREE RECKLESS INJURY REQUIRES THAT THE DEFENDANT SUBJECTIVELY REALIZE AND DISREGARD A SUBSTANTIAL RISK OF CAUSING DEATH.
II. APPLYING THE CORRECT SUBJECTIVE MENS REA STANDARD, MR. JENSEN DID NOT ACT WITH UTTER DISREGARD FOR HUMAN LIFE.
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State v. Jensen, 98-3175-CR
STEVEN JENSEN'S CONVICTION FOR FIRST-DEGREE RECKLESS INJURY MUST BE REVERSED BECAUSE THE CIRCUMSTANCES IN THIS CASE DO NOT SHOW UTTER DISREGARD FOR HUMAN LIFE.
       Court of Appeals Brief              Supreme Court Brief              Go To Decision
Negligent Offenses
State v. Vitatoe, 99-1471-CR
EVIDENCE THAT MS. VITATOE DROVE AWAY FROM A GAS PUMP "IN A RAPID STATE" WHILE A MAN WAS LEANING ONE OF HIS ELBOWS ON THE WINDOW OF THE CAR AND YELLING AT HER THROUGH THE PARTIALLY-OPEN WINDOW, WAS INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT MS. VITATOE WAS CRIMINALLY NEGLIGENT IN THE OPERATION OF A VEHICLE.
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Child Abuse/Enticement
State Of Wisconsin v. Lane R. Weidner, 99-1334-CR
THE STATUTE WHICH PROSCRIBES EXPOSING A CHILD TO HARMFUL MATERIAL SUBSTANTIALLY RESTRICTS FREE SPEECH AND EXPRESSION ON THE INTERNET, AND THEREBY VIOLATES THE FIRST AMENDMENT, BECAUSE IT DOES NOT REQUIRE THE STATE TO PROVE THAT THE DEFENDANT KNEW THE PERSON HE EXPOSED TO THE MATERIAL WAS A CHILD.
       Court of Appeals Brief              Supreme Court Brief              Go To Decision
State v. Church, 97-3140-CR, ___ Wis. 2d ___ ( )
II. APPLYING TRADITIONAL ANALYSIS, THE COURT OF APPEALS CORRECTLY DETERMINED THAT THE LEGISLATURE DID NOT INTEND TO PERMIT CUMULATIVE PUNISHMENT FOR DOING THE ACT PROHIBITED BY WIS. STAT. § 948.07 WITH MORE THAN ONE OF THE INTENTS SPECIFIED IN THAT STATUTE.
III. WHETHER THE TWO COUNTS OF CHILD ENTICEMENT WERE THE SAME IN LAW AND FACT HAS LITTLE BEARING ON LEGISLATIVE INTENT; BLOCKBURGER ANALYSIS SHOULD NO LONGER BE REQUIRED IN CASES WHERE MULTIPLE PUNISHMENTS HAVE BEEN IMPOSED IN A SINGLE PROSECUTION UNLESS ONE COUNT IS ARGUABLY INCLUDED WITHIN THE OTHER.
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State v. Gregg, 98-1491-CR
THE STATE FAILED TO PROVE MR. GREGG WAS GUILTY OF CHILD ENTICEMENT AS THAT CRIME WAS DEFINED FOR THE JURY.
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State v. Haigh, 95-0581-CR
I. SHARON HAIGH WAS DENIED DUE PROCESS AND HER RIGHT TO AN IMPARTIAL JURY, OR IN THE ALTERNATIVE, HER RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL, BECAUSE JURORS PRUCHA AND MATTIE WERE NOT REMOVED FOR CAUSE.
II. THE EVIDENCE WAS INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT MS. HAIGH INTENTIONALLY NEGLECTED A CHILD AS ALLEGED IN COUNTS FOUR AND FIVE OF THE INFORMATION.
III. MS. HAIGH WAS DENIED HER RIGHT TO EFFECTIVE COUNSEL WHEN HER ATTORNEY FAILED TO OBJECT WHEN THE GOVERNMENT ELICITED TESTIMONY AS TO WHETHER AND WHY SHE WAS GIVEN OUT FOR ADOPTION AS A CHILD.
IV. THE PROSECUTOR'S CLOSING ARUGMENT, THAT MS. HAIGH'S CHILDHOOD AND FAMILY BACKGROND PROVIDED THE "PRECONDITIONS" FOR HER TO COMMIT THE ALLEGED ACTS OF CHILD ABUSE, DEPRIVED MS. HAIGH OF DUE PROCESS AND A FAIR TRIAL.
V. MS. HAIGH WAS DENIED A FAIR TRIAL WHEN, DURING OPENING STATEMENTS, THE PROSECUTOR ASSERTED MS. HAIGH HAD PREVIOUSLY BEEN CONVICTED OF BATTERY.
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Confinement Offenses
State v. Clark, 97-2584-CR
II. THERE IS NO FACTUAL BASIS FOR A CRIMINAL DEFENDANT TO BE CONVICTED OF CAUSING MENTAL HARM TO A CHILD WHERE THE CRIME REQUIRES THE OFFENDER TO BE EXERCISING "TEMPORARY OR PERMANENT CONTROL" OF THE VICTIM, AND THE MISCONDUCT AT ISSUE OCCURRED WHILE THE DEFENDANT WAS WRONGFULLY RESTRAINING THE CHILD.
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In the Interest of Mason S., a Child Under the Age of 17:
State v. Mason S., 99-0641
I. THE STATE FAILED TO PROVE THAT MASON HAD THE NECESSARY INTENT TO COMMIT FALSE IMPRISONMENT AND ARMED ROBBERY.
II. THE STATE FAILED TO PROVE THAT MASON HAD NO LAWFUL AUTHORITY TO RESTRAIN THE ALLEGED VICTIMS.
IV. THE COURT ERRED, AND DEPRIVED MASON OF HIS CONSTITUTIONAL RIGHT TO DUE PROCESS, BY RELYING UPON EVIDENCE THAT WAS NOT ADMITTED AT TRIAL, WHEN IT FOUND MASON GUILTY OF ARMED ROBBERY AND FALSE IMPRISONMENT.
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State v. Kearney, 99-144-CR
IV. THE EVIDENCE OF DECEIT WAS INSUFFICIENT.
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Intimidation
(No Entries)
Other
State v. Clark, 97-2584-CR
I. THERE IS NO FACTUAL BASIS FOR A CRIMINAL DEFENDANT TO BE CONVICTED OF MAYHEM WHERE IT IS ALLEGED THAT HE BROKE THE LEGS OF THE VICTIM, BUT THERE IS NO EVIDENCE THAT HIS CONDUCT CAUSED PERMANENT HARM.
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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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In the Interest of Jacob J.B., A Person Under the Age of 17; 00-3095
THE EVIDENCE WAS NOT SUFFICIENT TO PROVE A BOMB SCARE BECAUSE THE WORD BOMB, STANDING ALONE, DOES NOT CONSTITUTE A TRUE THREAT.
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