By: WISCONSIN LAW JOURNAL STAFF//March 17, 2015//
By: WISCONSIN LAW JOURNAL STAFF//March 17, 2015//
Wisconsin Court of Appeals
Criminal
Use of a computer to facilitate a sex crime – Computer
A cell phone can never constitute a computerized communication system, under sec. 948.075
“The jury was asked whether McKellips’ cell phone, itself, constituted a computerized communication system. Instead, the court should have asked the jury whether McKellips’ various alleged uses of the cell phone constituted communication via a computerized communication system. This question was the primary issue at trial. We therefore conclude the real controversy was not tried, and we grant McKellips a new trial in the interest of justice.”
Reversed and Remanded.
Recommended for publication in the official reports.
2014AP827-CR State v. McKellips
Dist. III, Marathon County, Moran, J., Hoover, J.