Court Error – Statutory Interpretation

By: Derek Hawkins//March 26, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Esmeralda Rivera-Hernandez

Case No.: 2018AP311-CR; 2018AP312-CR

Officials: REILLY, P.J.

Focus: Court Error – Statutory Interpretation

Esmeralda Rivera-Hernandez appeals from two judgments of conviction based on her no contest plea to one count of battery, in violation of WIS. STAT. § 940.19(1), and one count of bail jumping, in violation of WIS. STAT. § 946.49(1)(a). Rivera challenges the circuit court’s denial of the State’s motion to amend the complaint to noncriminal ordinance violations. As we conclude that the circuit court erroneously applied the “public interest” standard set forth in State v. Kenyon, 85 Wis. 2d 36, 270 N.W.2d 160 (1978), we reverse the decision of the circuit court.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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