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2009AP1471-CR State v. Franzke
1st-degree sexual assault Sufficiency of the evidence Marty Franzke appeals a judgment convicting him of attempted first-degree sexual assault of his daughter, Jessi B. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. He argues: (1) the State presented insufficient evidence to support the conviction; (2) […]
09-1597 U.S. v. McGuire
Mann Act Sufficiency of the evidence Where the purpose of interstate travel was both to hold religious retreats and have sex with a minor, the evidence was sufficient to support a conviction for traveling in interstate commerce for the purpose of having sex with a minor. “After 1991 the defendant was forbidden to travel with […]
2009AP2425-CR State v. Bolin
Lewd and Lascivious Behavior Sufficiency of the evidence The State charged Andrew Bolin with one count of lewd and lascivious behavior under Wis. Stat. § 944.20(1)(a). After a jury returned a guilty verdict, the circuit court dismissed the count notwithstanding the verdict. The court concluded that § 944.20(1)(a) only applied to consensual public acts of […]
09-3605 U.S. v. Aljabari
Arson Sufficiency of the evidence; interstate commerce A tobacco store is used for interstate commerce under the federal arson statute. “The building housing the Smoke Shop was actively used for a commercial purpose. The Smoke Shop was, after all, engaged in the sale of tobacco products at the time it was destroyed. It was located […]
2010AP1104-CR State v. Schmidt
Unlawful Use of Telephone Sufficiency of the evidence Kurt Schmidt appeals a judgment of conviction for unlawful use of a telephone, contrary to Wis. Stat. § 947.012(1)(c). Schmidt argues there was insufficient evidence to prove that he made the call or that the call was abusive. Schmidt also argues the State violated the best evidence […]
2009AP528 Wilson v. Hunt Forest Products Inc., et al.
Timber Theft Sufficiency of the evidence Randall Wilson appeals from a judgment dismissing his action for timber theft against Hunt Forest Products, Inc. Wilson argues the circuit court erred by denying him summary judgment. Wilson also claims evidence at trial proved he was entitled to judgment. We affirm. This opinion will not be published. 2009AP528 […]
09-3879 U.S. v. Tavarez
Narcotics Delivery; sufficiency of the evidence The evidence was sufficient to convict the defendant of delivery of methamphetamine, even though the confidential informant who made the purchases did not testify. “We conclude that the jury could reasonably reach its guilty verdict on the circumstantial evidence presented here. The informant was seen going into Tavarez’s apartment [&hell[...]
2010AP1233-CR State v. Kolner
Theft By Misrepresentation Sufficiency of the evidence Lea Kolner appeals a judgment convicting her of theft by false representation. Kolner argues the trial court should have granted her motion for a mistrial after the prosecutor commented on her pre-arrest refusal to speak to police. Kolner also argues the evidence was insufficient to support her conviction. […]
2010AP504-CR State v. Zhang
Fraud Against a Financial Institution Sufficiency of the evidence Li Zhang appeals from a judgment, following a jury verdict, convicting her of three counts of fraud against a financial institution contrary to Wis. Stat. § 943.82(1) (2007-08). Zhang contends that the evidence at trial was insufficient to support the jury’s verdict. We disagree and affirm. […]
2009AP2753-CR State v. Tanner
Burglary Sufficiency of the evidence Vincent G. Tanner appeals a judgment convicting him of burglary and an order denying his motion for postconviction relief. He argues that there was insufficient evidence to support the verdict and that the circuit court misused its discretion in sentencing him. We affirm. This opinion will not be published. 2009AP2753-CR […]
2010AP1026 In the matter of the mental commitment to Dennis H.
Civil Commitment Sufficiency of the evidence Dennis H. appeals an order of commitment and an order for involuntary medication and treatment. He claims the evidence presented at the commitment hearing was insufficient to support the orders. We affirm. This opinion will not be published. 2010AP1026 In the matter of the mental commitment to Dennis H. […]
2008AP2759-CR State v. Hanson
Eluding an Officer Sufficiency of the evidence A defendant can be guilty of eluding an officer even if he was driving to a police station. “Here, Hanson contends that the State could not prove that he was ‘knowingly fleeing or attempting to elude’ the police. We understand Hanson to argue that there can be no […]
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