Sufficiency of Evidence – Temporary Restraining Order

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Thomas Louis Giegler

Case No.: 2021AP952-CR

Officials: WHITE, J.

Focus: Sufficiency of Evidence – Temporary Restraining Order

Thomas Louis Giegler appeals a judgment of conviction entered following a jury trial on one count of knowingly violating a temporary restraining order (TRO) and one count of disorderly conduct, both counts with the habitual criminality penalty enhancer and domestic abuse assessment. Giegler moved for postconviction relief and the circuit court concluded that a new trial was warranted because the record did not reflect that his waiver of counsel was knowingly, intelligently, and voluntarily made. However, the circuit court denied his motion for a judgment of acquittal on the charge of knowingly violating the TRO. Because we conclude that the evidence presented by the State was insufficient to prove beyond a reasonable doubt that Giegler knowingly violated the TRO, we reverse and remand to the circuit court with directions to enter a judgment of acquittal of the TRO charge. We do not disturb the remainder of the circuit court’s order for a new trial on count two for disorderly conduct.

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Derek A Hawkins is Corporate Counsel, at Salesforce.