STATE of Wisconsin, Plaintiff-Appellant,
v.
Gary J. BUCHEGER, Defendant-Respondent.
STATE of Wisconsin, Plaintiff-Appellant,
v.
Donn F. RENNING, Defendant-Respondent.
STATE of Wisconsin, Plaintiff-Appellant,
v.
Richard R. BARCUS, Defendant-Respondent.
STATE of Wisconsin, Plaintiff-Appellant,
v.
Jon A. JENSEN, Defendant-Respondent.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Argued November 8, 1988.
Decided March 1, 1989.
Attorney(s) appearing for the Case
On behalf of the plaintiff-appellant, there were briefs filed by Barbara A. Michaels, assistant district attorney of Waukesha county. An amicus curiae brief was filed by Donald J. Hanaway, attorney general, and Maryann Sumi, assistant attorney general. There was oral argument by Maryann Sumi, assistant attorney general.
On behalf of the defendants-respondents, there was a brief and oral argument by Michael E. Geary of Henry A. Tessmer Law Office of Milwaukee.
Before Scott, C.J., Brown, P.J., and Nettesheim, J.
Court of Appeals of Wisconsin.
SCOTT, C.J.
These consolidated appeals raise the sole question of whether a violation of Wis. Adm. Code sec. NR 10.12(1)(h) requires proof that the hunter knew or should have known that a hunted area was baited. We conclude that a minimal level of scienter—knew or should have known—is required. Because the trial court did not make findings as to whether any of the defendants should have known that the area was baited, we reverse and remand...
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