Legal Opinion

State v. Scott

Court of Appeals of Wisconsin

Decided January 18, 1995No. 94-1074-CRPublishedCited by 5 opinions

1Opinion of the CourtAnderson, P.J.

James C. Scott's sole contention on appeal is that he is not guilty of escape because he had not been arrested and placed in custody before he left the courtroom following his conviction. We affirm because we conclude that Scott was in custody as a result of being lawfully convicted of a crime and that it was not necessary for the sheriff to actually arrest him.

This case is presented to us on the same stipulated facts presented to the trial court:

[T]hat on February 1st, 1993, Mr. Scott appeared before the Honorable Dennis J. Barry sitting or acting in Branch 3 of Kenosha County Court. That at…

2Cases cited4 opinions

  1. Mulkovich v. StateWisconsin Supreme Court · 1976
  2. State v. TrudeauCourt of Appeals of Wisconsin · 1990
  3. State v. HoffmanCourt of Appeals of Wisconsin · 1991
  4. State v. MillerCourt of Appeals of Wisconsin · 1993

3Cited by5 opinions

  1. State v. MagnusonWisconsin Supreme Court · 2000
  2. State Ex Rel. Thorson v. SchwarzWisconsin Supreme Court · 2004
  3. Tridle v. HornCourt of Appeals of Wisconsin · 2002
  4. State v. ZimmermanCourt of Appeals of Wisconsin · 2001
  5. State Ex Rel. Thorson v. SchwarzWisconsin Supreme Court · 2004

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