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Disorderly Conduct — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//December 13, 2012//

Disorderly Conduct — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//December 13, 2012//

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Wisconsin Court of Appeals

Criminal

Disorderly Conduct — sufficiency of the evidence

Craig Tesch appeals a judgment imposing a forfeiture for violation of Stevens Point Ordinance 24.01(1), the City’s disorderly conduct ordinance, following a bench trial on June 20, 2011. Tesch, who was pro se in the circuit court and is pro se now on appeal, raises four issues, none of which have merit.

The first three issues all relate to the sufficiency of the evidence. As explained in more detail below, this court concludes that the sufficiency challenge has no merit, because it merely questions factual findings and credibility determinations made by the circuit court, to which this court must defer on appeal, absent clear error not shown by Tesch. The fourth issue relates to what Tesch asserts was bias on the part of the City’s prosecutor. For the reasons stated below, this court concludes that Tesch’s argument on this issue also lacks merit. Accordingly, this court affirms. This opinion will not be published.

2011AP2141 City of Stevens Point v. Tesch

Dist IV, Portage County, Fleishauer, J., Blanchard, J.

Attorneys: For Appellant: Tesch, Craig R., pro se; For Respondent: Molepske, Louis J., Stevens Point

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