Sufficiency of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Darrin Stingle

Case No.: 2019AP491

Officials: STARK, P.J.

Focus: Sufficiency of Evidence

Darrin Stingle appeals a judgment entered following a bench trial at which the circuit court determined that he violated WIS. STAT. § 281.36(3b)(b) by discharging fill material into a wetland without a permit. Stingle does not dispute that he placed fill in the areas in question, and he concedes he did not have a permit to do so. He argues, however, that the court erred by finding that the areas in question constituted wetlands. He therefore argues the evidence at trial was insufficient to show that he violated § 281.36(3b)(b). In the alternative, Stingle asks us to reverse and remand for a new trial because the circuit court judge was objectively biased against him.

We conclude the evidence at trial was sufficient to support the circuit court’s finding that the areas where Stingle placed fill constituted wetlands. As such, the evidence was sufficient to support the court’s determination that Stingle violated WIS. STAT. § 281.36(3b)(b). We agree with Stingle, however, that the record shows the court was objectively biased against him. We therefore reverse and remand for a new trial before a different judge. Finally, we deny Stingle’s request that we impose sanctions on the State for its failure to timely file its response brief.

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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.