2010AP2153-FT Killeen v. Adrian
Remedies TROs; sufficiency of the evidence; due process Michael Adrian appeals an order granting a domestic abuse injunction prohibiting contact with his former wife, Margaret Killeen.[1] Adrian contends there was insufficient evidence to support the order and that his due process rights were violated. We reject both of Adrian’s arguments and, therefore, affirm. This opinion […]
2010AP2157 In re the termination of parental rights to Nadia H.
Juveniles TPR; sufficiency of the evidence Julie H. appeals an order terminating her parental rights to Nadia H. Julie argues the evidence was insufficient to support the circuit court’s finding that she did not comply with the conditions for return of Nadia in a CHIPS dispositional order. Based on our review of the record, we […]
2010AP3044-FT In the matter of the mental commitment of Henry J.V.
Civil Commitment Extension; sufficiency of the evidence The County filed a petition to extend Henry J.V.’s mental commitment. An evidentiary hearing on that petition was held, and the court granted the petition. Orders were entered extending Henry’s commitment and his involuntary medication and treatment. Henry argues on appeal that the evidence presented at the evidentiary […]
2010AP1493 In the matter of the Protective Placement of Jim D.B.
Family Protective placement; sufficiency of the evidence Sheboygan County successfully petitioned for the guardianship and protective placement of Jim D.B. due to his incompetency. Jim appeals from the order requiring his protective placement on the basis that the evidence was insufficient to support the order. Because the protective placement order does not reflect the record […]
2009AP1844-CR State v. Carter
Battery by a Prisoner Sufficiency of the evidence Tommie Carter appeals a judgment, entered upon a jury’s verdict, convicting him of one count of battery by a prisoner. Carter also challenges the order denying his motion for postconviction relief. Carter challenges the sufficiency of the evidence to support his conviction, and claims he was denied […]
2010AP788-CR State v. Collins
Negligent Handling of Burning Materials Sufficiency of the evidence Kerry Collins appeals the judgment, entered following a jury verdict, convicting him of one count of negligent handling of burning material, contrary to Wis. Stat. § 941.10 (2009-10). Collins argues that there was insufficient evidence presented at his trial to convict him. This court disagrees and […]
2010AP1442-CR State v. Davis
Negligent Handling a Dangerous Weapon Sufficiency of the evidence Nakiea Davis appeals a judgment of conviction for misdemeanor endangering safety by negligent handling of a dangerous weapon and possession with intent to deliver between five and fifteen grams of cocaine, as party to a crime. He also appeals an order partially denying his postconviction motion. […]
2010AP906-CR State v. Bonilla
2d-degree RES Sufficiency of the evidence A jury found Gabiel Bonilla guilty of second-degree recklessly endangering safety and disorderly conduct, both while using a dangerous weapon and as a habitual offender. On appeal, Bonilla challenges the sufficiency of the evidence supporting the reckless endangerment conviction. Because the State presented evidence from which the jury could […]
2008AP1296-CR State v. Conner
Aggravated stalking Sufficiency of the evidence A single act of stalking is sufficient to constitute a course of conduct supporting a conviction for aggravated stalking. “As to the application of the statute’s language about requiring that ‘the present violation’ have occurred ‘within seven years after the prior conviction,’ we hold that it was properly applied […]
2010AP2216-FT In the matter of the mental commitment of Michael B.
Civil Commitment Jury instructions; sufficiency of the evidence Michael B. appeals an order extending his Wis. Stat. ch. 51 mental health commitment. Michael asserts the jury instructions directed the jury to find he was dangerous and there was insufficient evidence to support a finding of dangerousness. We disagree and affirm. This opinion will not be […]
2010AP1798-CR State v. Strong
Improvised Explosive Devices Sufficiency of the evidence A device can qualify as an improvised explosive device, even if it is flammable rather than explosive, and the detonator does not work. “While Wis. Stat. § 943.05 distinguishes between combustible and explosive materials, we do not agree that the two terms are always mutually exclusive. By distinguishing […]
2009AP2477-CR State v. Stewart
Medicaid Fraud Sufficiency of the evidence Nicole Stewart, pro se, appeals from an amended judgment of conviction for four counts of Medicaid fraud, contrary to Wis. Stat. § 49.49(1)(a)3. (2005-06), and from an order denying several postconviction motions. Stewart, who pled guilty, presents eight primary reasons why several counts should be dismissed or amended, her […]
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