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Judicial Council Index

Homicide                        Folder: 1 of 1

1. Model Penal Code and Commentaries (Official Draft and Revised Comments) : with Text of Model Penal Code as Adopted at the 1962 Annual Meeting of The American Law Institute at Washington, DC, May 24, 1962. Part II Definition of Specific Crimes. (selections)

2. Elements and Relationship of Homicide Offenses Under 1988 Revision of Homicide Statutes

3. Possible Drafting Corrections

4. 1987 Wisconsin Act 332, date of publication April 27, 1988

5. See number 11 below

6. See number 11 below

7. See number 11 below

8. See number 11 below

9. See number 11 below

10. See number 11 below

11. Memorandum of May 10, 1989, to Shaun Haas from Dave Schultz regarding Chapter 948, Crimes Against Children. Accompanied by [formerly nos. 5-10]: ss. 939.09 When Criminal Liability May be Based on Omissions, draft 5/89; ss. 939.24 Criminal Recklessness, draft 5/89; ss. 948.02 Sexual assault of a child, draft 5/89; ss. 948.03 Physical Abuse of a Child, draft 5/89; ss. 948.04 Causing Mental Harm to a Child, draft 5/89; ss. 948.06 Incest with a child, draft 5/89

12. 1987 Wisconsin Act 399, date of publication May 16, 1988

13. Homicide Revision : a Case Study in Substantive Law Reform, draft dated May 18, 1988

14. State v. David Davis, no. 86-1703-CR

15. Homicide Revision in Wisconsin : a Case Study in Substantive Law Reform / by Walter J. Dickey, James Fullin, David E. Schultz, dated September 15, 1988

16. Memorandum of October 13, 1988, to Walter Dickey, Jim Fullin, Frank Remington from Dave Schultz regarding draft jury instructions for new homicide offenses. Accompanied by draft jury instructions

17. Letter of November 2, 1988, to Walter Dickey and Dave Schultz from Jim Fullin regarding comments on Walter’s proposed introduction to homicide article dated September 15, 1988

18. Letter of December 1, 1988, to James Fullin, Jr. from Edwin A. Raney

19. Letter of December 8, 1988, to Nick Chiarkas from Dave Schultz regarding programs on Wisconsin’s new homicide law

20. Wisconsin’s New Homicide Law, New Prosecutor’s Course

21. Wisconsin Lawyer Article, Suggested Title: The 1989 Criminal Code Revision / by Jim Fullin

22. Wisconsin’s New Homicide Law (course materials)

23. Richard W. Jaeger, Portage Man Guilty in Girlfriend’s Death, Wisconsin State Journal, Jan. 14, 1989

24. New Classifications for Homicide, February 1989

25. Wisconsin’s New Homicide Law, dated 2/16/89

26. Letter of April 25, 1989, to Professor Dickey from Jonathan Marsh and Fred D’Amato

27. Letter of April 25, 1989, to Jonathan Marsh and Fred D’Amato from Walter J. Dickey

28. Letter of May 17, 1989, to Shaun Haas from Jim Fullin regarding crimes against children trailer bill

29. Letter of Jim Fullin from Frank J. Remington regarding “your Shaun Haas memo of 5/17/89”

30. Letter of May 23, 1989, to Walter Dickey, Jim Fullin, Dave Schultz from Frank J. Remington regarding “your homicide article”

31. Letter of September 8, 1989, to Fred D’Amato from Dave Schultz

32. Letter of November 29, 1989, to Fred D’Amato from Dave Schultz

33. State v. Ronald E. Seifert, no. 88-1297-CR

34. State v. James A. Oimen, no. 89 CF 88

35. Criminal Negligence

36. State v. Ronald E. Seifert, case no. 88-1297-CR

37. William A. Platz, The Criminal Code , May 1956 Wisconsin Law Review, 350 (1956)

38. Homicide and Related Statutes : Showing how Statutes with Substantive Changes will Read Under the Judicial Council’s Revision of the Homicide Statutes Contained in 1987 Wisconsin Act 399, Effective January 1, 1989

39. Felony Murder

40. New Law Alters ‘Murder’ Charge in Wisconsin

41. “The court in Williquette held…”

42. Materials Relating to Revision of Homicide Statutes / prepared by Statewide Prosecutor Education and Training Program

43. Materials Relating to Judicial Council’s Proposed Revision of Homicide Statutes and WDAA’s Suggested Changes

44. Homicide, Injury & Endangering Safety Offenses

Subject: Homicide, S.B. 279 & S.B. 191                        Folder: 1 of 2

1. Letter of January 11, 1980, to James L. Fullin [et. al] from Jon Peter Genrich. Accompanied by enclosed paper “Undressing the Goddess of Second Degree Murder : First Blushes and a Proposal”

2. SM-6 Jury Instructions on Lesser Included Offenses

3. 1981 Assembly Rules, State of Wisconsin

4. Wisconsin v. John Lewis Lee case no. 81-227

5. Wisconsin v. Robert Edward Eisch case no. 82-2376-CR, Brief of Plaintiff-Respondent

6. Wisconsin v. Robert Edward Eisch case no. 82-2376-CR, Brief and Appendix of Defendant-Appellant

7. Wisconsin v. Robert Edward Eisch case no. 82-2376-CR, Reply Brief of Defendant-Appellant

8. 1981 Assembly Bill 785, Chapter 228, Laws of 1981

9. Letter of December 16, 1982, to James Fullin, Jr. from Thomas H. Barland regarding jury instructions in the jury room

10. An Act to repeal 941.03, etc., LRB-3498/P2

11. Letter of May 23, 1983, to James Fullin, Jr. from Dave Schultz regarding lesser included offenses

12. Letter of May 26, 1983, to Judge Michael B. Torphy, Jr. from Jack E. Schairer regarding Wisconsin v. Thomas L. Loving, Case no. 82-CF-488

13. Letter of July 11, 1983, to James Fullin, Jr. from Jack E. Schairer with enclosed letter received from Dave Schultz regarding State v. Thomas L. Loving

14. Letter of June 13, 1983, to James Fullin, Jr. from Jack E. Schairer

15. Letter of July 28, 1983, to James Fullin, Jr. from John D. Osinga regarding changes in homicide and lesser included offenses

16. Newspaper articles from the June 30, 1983, Portage Daily Register

17. Letter of August 11, 1983, to James Fullin, Jr. from Sally L. Wellman regarding proposed homicide legislation. Accompanied by letter of August 16, 1983, to Sally Wellman from James Fullin, Jr.

18. Letter of August 15, 1983, to Walter Dickey from Dave Schultz. Accompanied by letter of August 16, 1983, to Dave Schultz from James Fullin, Jr. regarding homicide and lesser included offenses

19. Letter of October 4, 1983, to James Fullin, Jr. from Peter J. Naze with enclosed resolution of the WDAA Executive Committee concerning proposed revision of Wisconsin’s homicide laws

20. Jeffrey A. Parness, Protection of Potential Human Life in Illinois : Policy and Law at Odds , 5 no. 1 Northern Illinois University Law Review 1 (Winter 1984)

21. Letter of March 7, 1984, to Walter Dickey and Jim Fullin from Dave Schultz

22. Memorandum of April 13, 1984, to Jim Fullin from Dave Schultz attached to Wisconsin v. Kevin Richards, case no. 83-1175-CR

23. Letter of June 4, 1984, to Jim Fullin from David Becker regarding proposed revision of Wisconsin’s homicide laws

24. Letter of November 21, 1984, to Walter J. Dickey from William Sosnay regarding proposed homicide reform legislation

25. Letter of December 3, 1984, to Senator Donald Hanaway from David E. Schultz regarding Wisconsin laws on homicide

26. Letter of December 11, 1984, to Edward R. Garvey from Frank J. Remington regarding proposed revision of homicide law

27. Letter of December 12, 1984, to William Sosnay from Walter J. Dickey. Accompanied by letter of November 21, 1984, to Walter J. Dickey from William Sosnay regarding proposed homicide reform legislation

28. Letter of December 14, 1984, to William Sosnay from David Schultz regarding homicide law revision

29. Some Explanatory Comments on the Wisconsin District Attorneys Association’s Suggested Changes in the Judicial Council’s Homicide Proposal, prepared by David J. Becker

30. Revision of Homicide Statutes : Why is it Needed? : a Study of Some of the Problems in the Present Homicide Statutes, presented by David J. Becker January 30, 1985

31. Letter of February 5, 1985, to James Fullin, Jr. from John E. Fryatt with enclosed resolution of the Midwinter Conference of District Attorneys Association on homicide law

32. Letter of February 7, 1985, to Judicial Council from Bronson C. La Follette regarding revision of Wisconsin’s homicide statutes

33. Handwritten letter to Jim Fullin regarding Homicide draft (LRB-1519/P1). Accompanied by An Act to create s. 939.495

34. Letter of February 12, 1985, to David J. Becker from Frank J. Remington regarding homicide laws revision

35. Memorandum of February 18, 1985, to Frank Remington, [et. al] from Michael Zaleski regarding use of force by law enforcement officers

36. Letter of February 20, 1985, to Mike Zaleski from Frank J. Remington regarding memo of 2/18/85

37. Partial letter of March 5, 1985, to Members of Legislative Council regarding WLCS 175/2 – relating to law enforcement agency policies on use of force and citizen complaint procedures & WLCS 176/3 – relating to the use of force by peace officers

38. Letter of March 19, 1985, to Wis JI-Criminal Subscribers from Criminal Jury Instructions Committee regarding JI-1141 (tentatively approved) first degree murder : self-defense manslaughter

39. Letter of March 26, 1985, to Frank Remington from E. Michael McCann with attached letters from E. Michael McCann

40. 1985 Senate Bill 131, LRB-2232/1

41. Letter of March 28, 1985, to E. Michael McCann from Frank J. Remington regarding use of force by police officers

42. Memorandum of April 12, 1985, to Members of the Judicial Council from David J. Becker regarding homicide proposal and district attorney’s suggested changes in it

43. Letter of April 16, 1985, to David Becker from Frank J. Remington

44. Fiscal estimate, Relating to Homicide and Lesser Included Offenses, Criminal Recklessness, Criminal Negligence and Providing Penalties, LRB 1519/2

45. Letter of July 1, 1985, to Members of Assembly Criminal Justice and Public Safety Committee from Jim Fullin regarding LRB-1519/2 and LRB 3283/2

46. Memorandum of July 8, 1985, to Dave Schultz from Walter Dickey. Accompanied by Wisconsin v. Billy Jo Blanco, case no. 84-2142-CR

47. Letter of July 8, 1985, to David E. Schultz from Donald L. Heaney regarding State Bar Homicide Law Reform Committee

48. Letter of July 16, 1985, to Rep. Lolita Schneiders from James Fullin, Jr. regarding homicide bill LRB 1519/2. Accompanied by letter of July 12, 1985, from the representative

49. Letter of July 24, 1985, to Rep. Lolita Schneiders from Frank J. Remington

50. Letter of August 16, 1985, to Lynn S. Adelman from Bronson C. La Follette regarding S.B. 279

51. Committee Hearings announcements

52. Memorandum of August 23, 1985, to Walter from Dave. Accompanied by 1985 Assembly Bill 258, LRB-2829/2

53. Memorandum of September 3, 1985, to Homicide Law Reform Committee from Ed Lien regarding September 18, meeting. Accompanied by letter of August 18, 1985, to Ed Lien from Jon Peter Genrich regarding proposed changes in homicide law

54. Letter of September 9, 1985, to David O. Steingraber from Frank J. Remington

55. Letter of September 20, 1985, to Frank Remington, Walter Dickey, Jim Fullin from Dave Schultz regarding State Bar Homicide Committee. Accompanied by: Letter of September 20, 1985, to Barry Slagle from Dave Schultz and Drafts of 940.01 and 940.05

56. Senate Amendment 1 to 1985 Senate Bill 279, LRBa0889/1

57. Letter of October 9, 1985, to Frank Remington, Walter Dickey, Jim Fullin from Dave Schultz regarding State Bar Homicide Committee

58. Letter of October 10, 1985, to Members of the Wisconsin Senate from Jim Fullin regarding S.B. 279

59. Senate Calendar Thursday, October 10, 1985

60. Memorandum to Joint Committee on Finance Members from Senator Gary R. George regarding hearing on S.B. 279

61. Letter of November 26, 1985, to Governor Anthony S. Earl from Walter J. Dickey regarding support for S.B. 279

62. Assembly Substitute Amendment to 1985 Senate Bill 279, LRBs0681/1

63. An Act to repeal 940.08 (2), etc., LRB-1519/2

64. An Act to repeal 940.23, 941.03, etc., LRB-1519/P1

65. Assembly Amendment to 1985 Senate Bill 279

66. Assembly Amendment to 1985 Senate Bill 279

67. Assembly Amendment 1 to 1985 Senate Bill 279

68. Assembly Substitute Amendment to 1985 Senate Bill 279, LRBs0681/1

69. Senate Amendment to 1985 Senate Bill 279, LRBa1853/1

70. Senate Amendment 1 to 1985 Senate Bill 279, LRBa0889/1

71. Senate Amendment 5 to 1985 Senate Bill 279, LRBa2185/1

72. Materials Relating to Judicial Council’s Proposed Revision of Homicide Statutes

Subject: Homicide, S.B. 279 & S.B. 191                        Folder: 2 of 2

1. Law Should Quit Coddling Killers , Milwaukee Journal, Jan. 12, 1986

2. Letter of January 13, 1986, to Rep. Louise Tesmer from James L. Fullin, Jr. regarding Senate Amendment 1

3. Letter of January 23, 1986, to Rep. Louise Tesmer from Frank J. Remington regarding need for revision of homicide statutes

4. Letter of January 24, 1986, to Frank J. Remington from Jennifer Friedman regarding research on case law concerning the meaning of homicide statutes

5. Letter of January 28, 1986, to Jim Fullin from Frank J. Remington

6. Amendment to SB279 Protecting Unborn Children Under Homicide Laws, by the Wisconsin Citizens Concerned for Life (1986). Accompanied by Assembly Amendment to 1985 Senate Bill 279, LRBa3985/2

7. Senate Journal, Eighty-Seventh Regular Session, February 4, 1986

8. Senate Calendar, February 4, 1986

9.   Senate Amendment 2 to 1985 Senate Bill 279

10. Senate Amendment 3 to 1985 Senate Bill 279

11. Senate Amendment 4 to 1985 Senate Bill 279

12. Senate Toughens State Homicide Laws , Capitol Headline, Feb. 4, 1986

13. Senate Hikes Sentence, Wisconsin State Journal, Feb. 5, 1986

14. Homicide Redefined by Senate , Milwaukee Sentinel, Feb. 5, 1986

15. Letter of February 10, 1986, to Margie Montgomery from Maura K. Quinlan regarding constitutionality of Kentucky Bill – Homicide of Unborn

16. Letter of February 10, 1986, to Walter Dickey, [et. al] from Frank J. Remington regarding homicide revision. Enclosed copy of S.B. 279 The Homicide Revision

17. Letter of February 11, 1986, to Rep. Louise Tesmer from Walter J. Dickey regarding S.B. 279

18. Letter of February 25, 1986, to Rep. Louise Tesmer from Edgar E. Lien regarding S.B. 279

19. Assembly Amendment 1, to 1985 Senate Bill 279, LRBa3792/1

20. Letter of March 4, 1986, to Dear Colleague from Rep. John Medinger regarding S.B. 279

21. Handwritten letter of March 17, 1986, to Jim Fullin from Stephanie. Accompanied by Minnesota Bill pertaining to fetal homicide

22. Letter of March 19, 1986, to Judith Selle from Ralph V. Topinka regarding proposed “enhancer” amendment to Senate Bill 279

23. Letter of March 19, 1986, to Rep. John Medinger from Laura Rose regarding Assembly Amendment ___ (LRBa5179/1), an amendment which would penalize certain acts causing fetal death or injury. Attached copy of Section 940.04, Stats. and Section 940.15, Stats.

24. Letter of March 25, 1986, to Members of the Assembly from Barbara Lyons regarding A.B. 864, S.B. 587, child abuse reporting

25. Letter of January 9, 1987, to Blank from Jim Fullin regarding feticide and fetal injury

26. Letter of January 14, 1987, to Dave Schultz and Dave Becker from Frank J. Remington regarding burden-of-proof in manslaughter cases

27. Letter of January 23, 1987, to Dave Becker, [et. al] from Frank J. Remington regarding homicide revision

28. 1987 Assembly Bill 93, LRB-0796/2

29. Letter of April 13, 1987, to Ms. Stephanie Case from Dr. H. Rupert Theobald

30. Testimony of James L. Fullin, Jr. on 1987 Senate Bill 191, on April 28, 1987

31. Letter of April 30, 1987, to Jim from Beth Kople. Enclosed Section 939.642, stats.

32. Letter of May 14, 1987, to David Becker from Frank J. Remington regarding homicide revision

33. Section 939.642, Stats. Penalties Causing Bodily Harm to a Pregnant Woman

34. Letter of May 22, 1987, to Jim Fullin from Beth Kaplan

35. Memorandum of May 27, 1987, to Wisconsin State Senators from Ed Lien regarding S.B. 191, relating to homicide law reform

36. Letter of May 27, 1987, to David Becker from Frank J. Remington

37. Letter to Helen Forster from Jim Fullin regarding the crime of causing great bodily harm by the negligent operation of a motor vehicle. Accompanied by: Letter to Helen from Don Salm regarding attached letter from D.A. Zapf; Barbara Henkel, Boy Pinned by Car Dies, Friend Hurt , Kenosha News; Don Jensen, Bond Set for Pair in Child’s Death , Kenosha News; Sec. 940.08 Homicide by Negligent Use of Vehicle of Weapon; and Sec. 940.245 Injury by Negligent use of a Vehicle

38. LRB—0161/4 Insert A and Insert B

39. Sec. 940.02, 940.05, 940.06, 940.08, 941.30, 939.24 and 939.44, Wis. Stats.

40. Sec. 939.642 Penalties Causing Fetal Death

41. Summary of Judicial Council Homicide Bill (LRB-1519/2). Accompanied by Penalty Structure of Homicide, Injury and Endangering Safety Offenses Comparison of Present Law and Judicial Council Homicide Bill

42. Summary of Judicial Council Homicide Bill (S.B. 279 as Affected by Senate Amendment 1)

43. Resolution of the Midwinter Conference of District Attorneys Association

44. Resolution on Homicide Bill recommended for passage by Wisconsin District Attorneys Association Executive Board

45. Homicide, Injury & Endangering Safety Offenses

46. Penalty Structure of Homicide, Injury and Endangering Safety Offenses Comparison of Present Law and Judicial Council Homicide Bill

47. Materials Relating to Judicial Council’s Proposed Revision of Homicide Statutes and WDAA’s Suggested Changes

48. Homicide and Related Statutes; Showing How Statutes with Substantive Changes Would Read if Judicial Council’s Proposed Revision is Adopted – With Marginal Comments

49. Changes Relating to Burden of Proof and Effect of Mental Disorder or Intoxication on Mitigating Circumstances in First- and Second-Degree Intentional Homicide Statutes

50. Penalties for Crimes Against Life and Bodily Security under Present Statutes, Judicial Council’s Proposal and District Attorney’s Suggested Changes

51. Rule 12.2 Notice of Insanity Defense or Expert Testimony of Defendant’s Mental Condition

52. Handwritten notes regarding A.B. 279

53. Assorted handwritten notes

54. Handwritten notes, Bar Audits – Unnecessary defensive force manslaughter

55. Handwritten notes regarding S.B. 279

56. Handwritten notes, Senate Org.

57. Frank J. Remington & Orrin L. Helstad, The Mental Element in Crime – A Legislative Problem , July 1952 Wis. L. Rev. 644

58. William A. Platz, The Criminal Code , May 1956 Wis. L. Rev. 350

59. Francis Bowes Sayre, Mens Rea , Harv. L. Rev. 974

60. Herbert Wechsler & Jerome Michael, A Rationale of the Law of Homicide I , 37, no. 5 Colum. L. Rev. 701 (May 1937)

61. Jerome Michael & Herbert Wechsler, A Rationale of the Law of Homicide II , 37, no. 8 Colum. L. Rev. 1261 (Dec. 1937)

62. Paul Marcus, Book Review, 73, no.2 J. Crim. L. & Criminology 811 (1982) (reviewing The American Law Institute, The Model Penal Code and Commentaries (1980))

63. Revision of Homicide and Related Criminal Offenses : Keeping a Necessary Evil or Creating a Pathway to Disaster

Last Updated: October 17, 2012 | Up to Top
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