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Sufficiency of the evidence

Jun 9, 2011

2010AP1669 In the interest of Anthony M.S.

Juveniles Delinquency; sufficiency of the evidence Anthony M.S. appeals a judgment of delinquency for possessing a non-narcotic controlled substance entered upon the trial court’s guilty finding. He argues the State failed to present evidence at the fact-finding hearing sufficient to support the finding of guilt. We agree and therefore reverse the judgment of delinquency and […]

May 26, 2011

2010AP794-CR State v. Myren

Child Enticement Sufficiency of the evidence Ronald Myren appeals a judgment of conviction and an order denying his motion for postconviction relief. We affirm. This opinion will not be published. 2010AP794-CR State v. Myren Dist IV, La Crosse County, Passel, J., Per Curiam Attorneys: For Appellant: Brehm, Philip J., Janesville; For Respondent: Pray, Eileen W., […]

May 17, 2011

2010AP1322-CR State v. Hughes

Escape Sufficiency of the evidence The evidence was sufficient to support a conviction for escape although the certified judgment of conviction was never published for the jury. “We agree with the trial court that, when considered in light of all the other evidence adduced at trial, McPike’s testimony sufficiently allowed the jury to conclude beyond […]

May 10, 2011

2010AP2039-CR State v. Woods

Armed Robbery Sufficiency of the evidence Stephen L. Woods appeals the judgment entered after a jury convicted him of one count of armed robbery contrary to Wis. Stat. § 943.32(1)(b) & (2) (2005-06). Woods argues that there is insufficient evidence to support his conviction. We disagree and affirm. This opinion will not be published. 2010AP2039-CR […]

May 5, 2011

2010AP382-CR State v. Lawver

Disorderly Conduct Sufficiency of the evidence Robert Lawver appeals his convictions for disorderly conduct and for resisting an officer, both misdemeanors. The charges stem from Lawver’s stumbling down the roadway of a busy highway late at night under the influence of alcohol and, when confronted by police, proceeding to engage in loud, profane, and threatening […]

May 4, 2011

09-4088 U.S. v. Borrasi

Medicare Fraud Sufficiency of the evidence Where a doctor received compensation in part for referring patients to the facility, the evidence was sufficient to support his conviction for Medicare fraud. “We find the reasoning of the Third, Fifth, Ninth, and Tenth Circuits convincing, and we decline Borrasi’s invitation to create a circuit split. Nothing in […]

Apr 26, 2011

2010AP1567-CR State v. Johnson

1st-degree Intentional Homicide Sufficiency of the evidence Deangelo J. Johnson appeals from a judgment of conviction entered on a jury’s verdict, on one count of first-degree intentional homicide. He contends there is insufficient evidence to support the verdict. We reject this argument and affirm. Affirmed. This opinion will not be published. 2010AP1567-CR State v. Johnson […]

Apr 26, 2011

2010AP3162 Brown County v. Quinn M.

Civil Commitment Involuntary medication; sufficiency of the evidence Quinn M. appeals an order extending his Wis. Stat. ch. 51 mental health commitment and an involuntary medication order. Quinn asserts there was insufficient evidence to support the extension and involuntary medication orders. We disagree and affirm. Affirmed. This opinion will not be published. 2010AP3162 Brown County […]

Apr 20, 2011

08-CR-851 U.S. v. White

Soliciting a juror’s injury Sufficiency of the evidence; First Amendment Even though the defendant posted the address and phone numbers of a juror, along with a call for violence, the evidence is insufficient to support a conviction for solicitation to injure a juror. “In order to obtain a conviction in this case, the government had […]

Apr 13, 2011

2009AP3074-CR State v. Thornton

3rd-degree sexual assault Sufficiency of the evidence; jury instructions; intent Dennis J. Thornton was found guilty of third-degree sexual assault, contrary to Wis. Stat. § 940.225(3) (2009-10), following a jury trial. Thornton challenges his conviction on three grounds. First, he contends that the jury instruction should have been modified to include “knowledge of nonconsent” as […]

Apr 5, 2011

09-2498 U.S. v. Berg

Enticing a minor Attempt; sufficiency of the evidence A conviction for attempt to entice a minor does not require the specific intent to commit an illegal sexual act, but the mere intent to persuade or solicit the minor to commit a sexual act is sufficient. “The other circuits to have addressed the issue of what […]

Mar 23, 2011

2009AP2513-CR State v. Tolonen

1st-degree reckless homicide Sufficiency of the evidence Craig C. Tolonen appeals from a judgment of conviction for first-degree reckless homicide in the death of a six-month-old girl, and the order denying his motion for postconviction relief. Tolonen argues on appeal that the circuit court erred when it denied his motion to suppress the statements he […]

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