Sufficiency of Evidence

By: Derek Hawkins//August 14, 2018//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. William Schmidt-Sharkey

Case No.: 2017AP1086-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sufficiency of Evidence

William Schmidt-Sharkey appeals a judgment convicting him of possession of a firearm by a felon and possession of tetrahydrocannabinols (THC) as a second and subsequent offense. Schmidt-Sharkey argues: (1) he was denied his constitutional right to a speedy trial; (2) the evidence was insufficient to convict him of the firearm possession count; (3) holding a second trial on the firearm possession count violated his right to be free from double jeopardy; and (4) his conviction on the THC count is a “nullity” because he was not properly charged and arraigned on that count. We reject Schmidt-Sharkey’s first and second arguments on the merits, and we agree with the State that he has forfeited his third and fourth arguments. We therefore affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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