Substantive Criminal Law

Tobin/Smith
Deborah Smith	smithde@opd.wi.gov
Michael Tobin	tobinm@opd.wi.gov

Attendance, class participation, preparation are expected.
Presentations/discussions will be assigned. 1 or more per class.
There will be a midterm ("no fault" style; up to 25%); Take-home. 10/11.
Writing assignments (not graded, just critiqued); first one in 3rd week
Last class (12/5) will be review (w/Pizza)
We'll cover some of what it's like to be a lawyer (not just being good in law school)

Class Notes

Case Briefs

State of Wisconsin v. Wade A Saturnus: 9/3/07; entrapment.
State v. Genova: 9/6/07; theft (interpretation of statute).
Gideon v. Wainwright: 9/6/07; right to appointed counsel
In Re Winship
United States v Gaudin
Blockburger v. United States; 9/13/07, "elements" test and double jeopardy
State v. Harrell;9/13/07, multiple charges, double-jeopardy
State v. Lechner;9/13/07, legislative intent and double jeopardy
State v. Akerele-Ale: 9/13/07; lesser included offenses
State v. Lasky: 9/13/07; do federal and state prosecutions conflict with respect to double jeopardy?
State v. Rabe: 9/13/07; multiple counts
People v. Wickersham: Not a normal opinion, so I didn't brief it. No facts, essentially
State ex rel Evanow, Appellant, v. Seraphim, County Judge, Respondent: 9/21/07; notice, probable cause
State v. Bowden: 9/25/07; inference of intent (to commit theft)
State v. Midthun: 9/25/07; inference of intent (to deliver)
Sartin, Sartin, and Pierce v. State: 9/25/07: inference of intent (to commit theft by 'reckless exposure to loss')
People v. Caruso: 9/27/07; deliberating first degree murder
State v. Hoyt: 10/2/07; battered wife, reaction of an ordinarily constituted person
State v. Williford: 10/2/07; battered husband, limitations on the "ordinarily constituted person" notion
State v. Felton: 10/2/07; ineffective counsel
State v. Moeller: 10/2/07; child under strain, again limiting the "ordinarily constituted person" notion
Mullaney v. Wilbur: 10/2/07; applying Winship to elements of homicide
Patterson v. New York: 10/4/07 ; shifting burden of persuasion in affirmative defenses
Moes v. State: 10/4/07 ; whether the state must disprove affirmative defense theories
Jackson v. Virginia: 10/4/07 ; federal review of state convicions appealed on sufficiency of the evidence
Sandstrom v. Montana: 10/4/07 ; "presumes the consequences" and shifting burden of persuasion
Chambers v. Mississippi: 10/9/07 ; right to present evidence regarding intent
Fisher v. United States: 10/9/07 ; premeditation
Haas v. Abrahamson: 10/9/07 ; relevancy and competence
State v. George: 10/9/07 ; admission of expert testimony
Commonwealth v. Welansky: 10/16/07 ; recklessness, even though the defendant was not present for the deaths
Mayes v. The People: 10/16/07 ; presume that results of action are intended
Commonwealth v. Coleman: 10/16/07 ; intentionally engaging in hazardous conduct is sufficient evidence of malice
Montgomery v. State: 10/16/07 ; reckless drunken driving
State v. Edmunds: 10/16/07 ; baby shaking
State v. Jensen: 10/16/07 ; baby shaking
Hart v. State: 10/18/07 ; negligent vehicular homicide, sufficiency of the evidence
State v. Cooper: 10/18/07 ; sufficiency of the evidence, but also some interesting dicta
People v. Clemente: 10/18/07 ; blasting with too much explosive
State v. Olsen: 10/18/07; negligence; sleep-inducing truck
Morissette v. United States: 10/23/07 ; intent as an element
State v. Hermann: 10/23/07 ; strict liability in drug offenses
State v. Steele: 10/25/07 ; competency to proceed, defense's duty to raise
Steele v. Wisconsin: 10/25/07 ; bifurcated trial, expert testimony on capacity to form intent
Regina v. Serne: 10/30/07 ; Not really a case, just jury instructions, so not briefed.
State v. Oimen: 10/30/07 ; felony murder, intended victim kills co-felon
State v. Rivera: 10/30/07 ; felony murder, intended victim kills other victim
State v. Caibaiosai: 10/30/07 ; constitutionality of homicide OWI, self-incrimination, due process
Henderson v. Kibbe: 11/1/07 ; absense of specific instruction on causation
State v. Serebin: 11/1/07 ; negligence vs. causation
Jones v. United States: 11/1/07 ; duty of care
State ex rel. Cornelier v. Black: 11/1/07 ; is the complaint sufficient
State v. Ward: 11/1/07 ; failure to protect a child from sexual assault
Fain v. Commonwealth: 11/1/07 ; involuntary action resulting in death
People v. Miller: 11/6/07 ; what constitutes attempt
People v. Rizzo: 11/6/07 ; actions too remote to be an attempt
State v. Judge: 11/6/07 ; intervening circumstances frustrating an attempt
State v. Damms: 11/6/07 ; factual impossibility doesn't preclude attempt
State v. Kordas: 11/6/07 ; factual impossibility and sting operations
State v. Berry: 11/6/07 ; does success preclude attempt?
Hamiel v. State: 11/6/07 ; involuntary renunciation of criminal purpose
State v. Nutley: 11/8/07 ; vicarious liability
State v. Sample: 11/8/07 ; unilateral conspiracy
Martin v. Ohio: 11/13/07 ; burden of proof in self defense
State v. Head: 11/13/07 ; perfect vs. imperfect self defense, right to present evidence
State v. Schultz: 11/15/07 ; intoxication, intent, and burden-shifting
State v. Nemoir
State v. Guiden: 11/15/07 ; evidence rebutting intoxication
State v. Goodenow: 11/15/07 ; mistake of law and adultery
State v. Davis: 11/15/07 ; mistake of law, relying on official guidance
Garnett v. State: 11/15/07 ; mistake of fact and strict liability
McCleary v. State: 11/20/07 ; sentencing discretion
State v. Gallion: 11/20/07 ; review of sentencing discretion... not briefed because we just get an edited synopsis of the McCleary reasoning
State v. Magnuson: 11/29/07 ; sentence credit

Substantive Criminal Law

Class Notes

Case Briefs

Miscellany