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Judicial Council Index

Homicide and Lesser Included Offenses Committee                        Folder: 1 of 2

1. Montgomery v. State, 178 Wis. 461

2. State of Wisconsin, In Senate no. 784, S….A Bill to create chapters 339, 340 and 343…

3. Wisconsin Legislative Council 1955 Report, Criminal Code

4. Model Penal Code, Proposed Official Draft (May 4, 1962)

5. 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, D.C., May 24, 1962. Part II Definition of Specific Crimes

6. State v. Dolan, 44 Wis. 2d 68

7. Ameen v. State, 51 Wis. 2d 175

8. State v. Weso, 60 Wis. 2d 404

9. Seidler v. State, 64 wis. 2d 456

10. Wangerin v. State, 73 Wis. 2d 427

11. State v. Olson, 75 Wis. 2d 575

12. Wagner v. State, 76 Wis. 2d 30

13. Jury Instructions on Lesser Included Offenses

14. Letter of January 11, 1980, to James Fullin, Jr. … et al. from Jon Peter Genrich.   Accompanied by: Undressing the Goddess of Second Degree Murder : First Blushes and a Proposal

15. State v. John Lewis Lee, case no. 81-227

16. Manslaughter : Heat of Passion : First and Second Degree Murder Not Charged

17. 1982-83 attendance sheet for the Homicide and Lesser Included Offenses Committee

18. Letter of March 25, 1982, to James Fullin, Jr. from Walter J. Dickey

19. Letter of July 22, 1982, to Sen. Donald J. Hanaway from James Fullin, Jr.

20. Letter of July 22, 1982, to David Niblack from James Fullin, Jr.

21. Letter of August 3, 1982, to E. Michael McCann from James Fullin, Jr.

22. Letter of August 3, 1982, to David Schultz from James Fullin, Jr.

23. Letter of August 16, 1982, to James Fullin, Jr. from Attorney General Bronson C. La Follette

24. Homicide and Lesser Included Offenses Committee membership list for 1982-1983

25. September 10, 1982, Agenda for the Homicide and Lesser Included Offenses Committee meeting.   Accompanied by Schedule of Judicial Council Meetings September 1982 to June 1983

26. Summary of proceedings of September 10, 1982, meeting of the Homicide and Lesser Included Offenses Committee

27. Letter of September 13, 1982, to James Fullin, Jr. and Walter Dickey from Dave Schultz regarding Homicide Committee

28. Letter of September 17, 1982, to Homicide and Lesser Included Offenses Committee from Jim Fullin with “attached sections … from the 1979-80 Wisconsin Statutes as updated through chapter 394, laws of 1981”

29. Agenda of September 24, 1982, of the Homicide and Lesser Included Offenses Committee

30. Summary of proceedings of September 24, 1982, meeting of the Homicide and Lesser Included Offenses Committee

31. Letter of October 4, 1982, to Jim Fuller from Bruce Heydon

32. Letter of October 8, 1982, to Homicide and Lesser Included Offenses Committee from James Fullin, Jr. regarding first-degree murder and “heat-of-passion” manslaughter

33. Agenda of October 15, 1982, of the Homicide and Lesser Included Offenses Committee

34. Summary of proceedings of October 15, 1982, meeting of the Homicide and Lesser Included Offenses Committee

35. Letter of October 22, 1983, to Homicide and Lesser Included Offenses Committee from Walter Dickey

36. Memo of November 4, 1982, to Jim Fullin from Dave Schultz. Accompanied by: First Degree Murder; Second Degree Murder; Manslaughter (in the Heat of Passion); First Degree Murder; Manslaughter (In the Heat of Passion); Second Degree Murder; Manslaughter (In the Heat of Passion); Manslaughter in the Heat of Passion Charged (As First Degree Murder Mitigated); Manslaughter : Heat of Passion : First and Second Degree Murder Not Charged

37. Correspondence of November 5, 1982, to Homicide and Lesser Included Offenses Committee from Jim Fullin regarding first-degree murder and “heat-of-passion” manslaughter

38. Correspondence of November 5, 1982, to Homicide and Lesser Included Offenses Committee from Jim Fullin regarding second-degree murder and its relationship to other homicide offenses

39. Agenda of November 11-12, 1982, meeting of the Homicide and Lesser Included Offenses Committee

40. Summary of proceedings of November 11, 1982, meeting of the Homicide and Lesser Included Offenses Committee

41. Letter of December 10, 1982, to Homicide and Lesser Included Offenses Committee from Jim Fullin regarding materials for December 17 meeting (Draft R)

42. Draft R Homicide dated 12/10/82

43. Summary of proceedings of December 17, 1982, meeting of the Homicide and Lesser Included Offenses Committee

44. Letter of December 24, 1982, to Jim from Justice Shirley S. Abrahamson

Subject: Homicide and Lesser Included Offenses Committee                        Folder: 2 of 2

1. An Act to repeal 941.03, 941.04 and 941.20 (3)…, LRB-3498/P1

2. Membership list of the Homicide and Lesser Included Offenses Committee for 1983-84

3. Letter of January 14, 1983, to Homicide and Lesser Included Offenses Committee from Jim Fullin regarding materials for January 21, meeting

4. Summary of proceedings of January 21, 1983, meeting of the Homicide and Lesser Included Offenses Committee

5. Summary of proceedings of February 18, 1983, meeting of the Homicide and Lesser Included Offenses Committee

6. Letter of March 11, 1983, to Homicide and Lesser Included Offenses Committee from Walter J. Dickey

7. Letter of March 11, 1983, to Homicide and Lesser Included Offenses Committee from Jim Fullin regarding under what circumstances is the perpetrator of a homicide barred recovering property by will, contract or inheritance from his victim’s estate or from being the beneficiary of an insurance policy on the victim’s life

8. Letter of April 15, 1983, to Homicide and Lesser Included Offenses Committee from Walter J. Dickey. Accompanied by: Letter of March 11, 1983, to Homicide and Lesser Included Offenses Committee from Jim Fullin; Draft W Homicide dated 4/15/83; Letter of April 15, 1983, to Homicide and Lesser Included Offenses Committee from Jim Fullin with attached final draft of sections 1 to 13 of the homicide bill; Letter of April 8, 1983, to Dave Schultz from Jim Fullin with attached drafts

9. Summary of proceedings of April 22, 1983, meeting of the Homicide and Lesser Included Offenses Committee. Accompanied by: Lesser Included Offenses draft dated 5/13/83; Draft X Homicide dated 5/10/83; Suggested alternative drafts of sec. 940.05 – Draft 1 by D. Becker dated May 12, 1983

10. Lesser Included Offenses dated 5/13/83

11. Summary of proceedings of May 20, 1983, meeting of the Homicide and Lesser Included Offenses Committee

12. Letter of May 23, 1983, to James Fullin, Jr. from Dave Schultz

13. Letter of May 27, 1983, to Homicide and Lesser Included Offenses Committee form Jim Fullin

14. Mail ballot of May 27, 1983, to Committee on Homicide and Lesser Included Offenses from Walter J. Dickey

15. Returned mail ballots and tally

16. Letter of July 11, 1983, to Orlan Prestegard from Walter J. Dickey

17. Letter of August 10, 1983, to Walter from Jim. Accompanied by: Modernizing Wisconsin’s Homicide Statutes / by Walter Dickey and Jim Fullin ; Open Book Homicide Quiz ; Chapter 380 of the Oregon Laws 1977 ; Membership list of the Improving Jury Communications Committee for the years 1983-84 ; Judicial Council Membership 1983-1984

18. Letter of October 24, 1983, to Walter Dickey & Dave Schultz from Jim Fullin

19. Draft A Question 1

20. Draft B Question 2

21. Draft C Questions 4, 6, and 10

22. Draft D Questions 4 and 6

23. Draft E Questions 4, 6, and 9

24. Draft F Question 5

25. Draft G Questions 7 and 13

26. Draft H Question 12

27. Draft I Questions 7, 12, 13 and 14

28. Draft J Questions 1, 2, 4, and 5

29. Draft K Questions 1, 2, 4, and 5

30. Draft L Questions 1, 2, 4, and 5

31. Draft M Question 6

32. Draft N Question 3

33. Draft O Question 8

34. Draft P Question 7

35. Draft Q

36. Draft S Homicide 1/14/83

37. Draft T Formal Mitigation of Reckless Homicide 1/14/83

38. Draft U Homicide 2/11/83

39. Draft V Homicide 3/11/83

40. Draft Y Homicide 5/23/83

41. Handwritten comments on Draft A Question 2 - Draft P Question 7

42. Handwritten notes

43. State of Wisconsin in Assembly, no. 100 A, a Bill to revise Title XXXII of the statutes relating to crimes, penalties and defense to crime

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

45. Letter of 3/13/82 to Jim from Dave with attached recklessness case

46. State v. Oimen, case no. 90-2927-CR, Brief and Appendix of Defendant-Appellant

47. State v. Oimen, case no. 90-2927-CR, Appendix of Defendant-Appellant

48. Arthur A. Murphy, Suggested Standard Jury Instructions on Criminal Homicide

49. Handwritten notes on Section 7 940.03 (2) and (3); 940.05; 940.06

Subject: Homicide and Lesser Included Offenses S.B. 191                        Folder: 1 of 1

1. Index Crime Rates for Wisconsin 1985 an Inter-State Comparison

2. Letter of April 4, 1985, to Jim from David Becker

3. Fiscal Estimate, Homicide and lesser included offenses, LRB 1519/2, dated 7/22/85

4. Letter of October 25, 1985, to Members Joint Committee on Finance from Bob Lang regarding Senate Bill 191 : homicide

5. Index Crime Rates for Wisconsin 1986 an Inter-State Comparison

6. Letter of March 11, 1986, to Michael Youngman from Jim Fullin regarding Medinger amendment (LRB-3985/2) to S.B. 279

7. 1985 Wisconsin Act 293, date of publication April 30, 1986

8. Assembly Amendment 1 to 1987 Senate Bill 191, LRBa4252/1

9. Assembly Amendment 2 to 1987 Senate Bill 191, LRBa4249/1

10. Assembly Amendment 3 to 1987 Senate Bill 191, LRBa4397/1

11. Assembly Substitute Amendment to 1987 Assembly Bill 20, LRBs0202/1

12. Senate Amendment to 1987 Senate Bill 191

13. Fiscal Estimate, Relating to revising crimes against the life, bodily security and safety of persons defining criminal recklessness and criminal negligence and providing penalties, LRB 0161/5, dated 3/13/87

14. Fiscal Estimate 1987 Senate Bill 191, dated 4/23/87

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

16. Statement of Attorney General Donald J. Hanaway Regarding Senate Bill 191 (Proposed Revision of Wisconsin’s Homicide Statutes) to Senate Committee on Judiciary and Consumer Affairs on April 28, 1987

17. Letter of May 19, 1987, to Frank Remington from David Becker regarding possible fiscal note from Attorney General for homicide bill

18. Assembly Substitute Amendment 2 to 1987 Assembly Bill 20, LRBs0202/2, dated May 21, 1987

19. Letter of May 27, 1987, to Senator Fred A. Risser from Jim Fullin regarding “Human life” amendment to S.B. 191

20. Senate Amendment 1 to 1987 Senate Bill 191, LRBa0741/1, dated May 28, 1987

21. Letter of July 21, 1987, to Judge John G. Buchen from William P. Te Winkle

22. Testimony of James Fullin, Jr. on 1987 Senate Bill 191, dated September 30, 1987

23. Letter of September 30, 1987, to Members Joint Committee on Finance from Bob Lang regarding Senate Bill 191 : homicide and other Criminal Code revisions

24. Death Penalty Decision is Overruled in California , New York Times 10/87

25. Memorandum of October 1, 1987, to Joint Committee on Finance from Ed Lien regarding S.B. 191

26. Letter of October 9, 1987, to Representative David Travis from Shaun Haas regarding explanation of Senate Amendment 2 to 1987 Senate Bill 191, relating to revising crimes against life, bodily security and safety of persons, defining criminal recklessness and criminal negligence

27. State of Wisconsin Senate Amendment to 1987 Senate Bill 191, draft 10/12/87

28. Section 40v. 973.014 of the statutes…, draft Findley/Eisinger, 10/12/87

29. Letter of October 13, 1987, to Lynn Adelman from Walter J. Dickey and Frank J. Remington regarding “Life means Life” amendment to Homicide Bill, SB 191

30. Derral Cheatwood, The Life-Without-Parole Sanction : Its Current Status and a Research Agenda , 34, no.1 Crime & Delinquency 43 (1988)

31. Senate Amendment 3 to 1987 Senate Bill 191, LRBa2764/1, dated February 2, 1988

32. Letter of March 16, 1988, to Members of the Wisconsin Senate from James Fullin, Jr.   Accompanied by: Walter Dickey and Jim Fullin, Modernizing Wisconsin’s Homicide Statutes , Jan. 1984 Wisconsin Bar Bulletin, 14, 57 (1984)

33. Senate Amendment 1, to Senate Amendment 3, to 1987 Senate Bill 191, LRBa2892/1 dated March 17, 1988

34. Senate Amendment 5 to 1987 Senate Bill 191, LRBa1530/1 dated March 17, 1988

35. Senate Amendment 6, to 1987 Senate Bill 191, LRBa4762/1 dated March 17, 1988

36. 1987 Senate Bill 583, LRB-5879/1, dated March 17, 1988

37. Memorandum of March 17, 1988, to All Senators from Ed Lien regarding SB 191

38. Letter of March 21, 1988, to Senate President Fred Risser from Jim Fullin regarding germaneness of Senate Amendment 5 to Senate Bill 191

39. Fiscal Estimate, Relating to fixing parole dates for persons who commit first-degree murder while attempting or committing another crime, SB 583, dated 3/23/88

40. Letter of March 23, 1988, to Members of the Wisconsin Assembly from Jim Fullin

41. Assembly Amendment 1 to 1987 Senate Bill 191, LRBa4252/1, dated March 23, 1988

42. Assembly Amendment 2 to 1987 Senate Bill 191, LRBa4249/1, dated March 23, 1988

43. Assembly Amendment 3 to 1987 Senate Bill 191, LRBa4397/1, dated March 23, 1988

44. Memorandum of March 24, 1988, to All Representatives from Ed Lien regarding SB 191, revision of the homicide statutes

45. Letter of March 25, 1988, to Budget Conference Committee from James Fullin, Jr.

46. Memorandum of March 25, 1988, to Budget Conferees from Ed Lien regarding revision of homicide statutes

47. Comparison of “Life Means Life” Proposals

48. Section 940.01 of the statutes…

49. “In my 11 years in the Wisconsin Senate….”

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