Legal Opinion

State v. Serebin

Court of Appeals of Wisconsin

Decided July 26, 1983No. 82-232-CRPublishedCited by 4 opinions

1Opinion of the CourtFoley, P.J.

Stephen Serebin, a nursing home administrator, was convicted of homicide by reckless conduct, party to a crime, secs. 940.06 1 and 939.05, Stats; and twelve counts of neglect of nursing home residents, 2 party to a crime, secs. 940.29 (7) 3 and 939.05, Stats. 4 Because the state failed to prove that Serebin’s conduct caused a death or caused harm to any nursing home resident, we reverse the convictions and remand this matter to the trial court with directions to vacate the judgment and dismiss the complaint.

The basis for the reckless homicide charge was that one of the residents left the…

2Cases cited5 opinions

  1. First National Leasing Corp. v. City of MadisonWisconsin Supreme Court · 1977
  2. State Ex Rel. Kanieski v. GagnonWisconsin Supreme Court · 1972
  3. Seraphine v. HardimanWisconsin Supreme Court · 1969
  4. Kelly v. Hartford Casualty Insurance Co.Wisconsin Supreme Court · 1978
  5. State v. McCloseCourt of Appeals of Wisconsin · 1980

3Cited by4 opinions

  1. State v. SerebinWisconsin Supreme Court · 1984
  2. County of Milwaukee v. Labor & Industry Review CommissionWisconsin Supreme Court · 1987
  3. County of Milwaukee v. Labor & Industry Review CommissionWisconsin Supreme Court · 1987
  4. State v. SerebinWisconsin Supreme Court · 1984

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