On January 27, 2021, the court of appeals ordered the publication of the following criminal law related decisions: State v. Thomas A. Nelson, 2021 WI App 2 (a new Confrontation Clause exception for nurse’s “Sexual Abuse Evaluation”) Jama I. Jama v. Jason C. Gonzalez, 2021 WI App 3 (criminal malpractice plaintiff needs to prove his… Read more
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State v. Mercado, 2021 WI 2, 1/20/21, reversing a published court of appeals decision; case activity (including briefs) Mercado stood trial for sexual assault of three young girls. A video of each girl’s forensic interview was played for the jury pursuant to Wis. Stat. § 908.08. Mercado contends that none of the videos were properly… Read more
State v. Jalen F. Gillie, 2020AP372, 1/20/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Gillie’s car on a “dark night” because of “suspected illegal window tint.” An eventual search of the car turned up a gun and Gillie was convicted of carrying a concealed weapon without a permit… Read more
State v. James Lee Ballentine, 2019AP1597, 1/20/21, District 2 (not recommended for publication); case activity (including briefs) Ballentine stood trial for three counts of delivering drugs. The charges arose from controlled buys; James was the informant and buyer. Ballentine’s defense was that James–seeking mitigation in his own drug charges–had framed Ballentine. Ballentine’s theory was that… Read more
State v. Ryan Hugh Mulhern, 2019AP1565-CR, petition to review granted 1/20/21; reversed 6/21/22; case activity (including PFR and briefs) Issue presented (from the state’s PFR) Does § 972.11(2)(b), the “rape shield” statute, bar relevant evidence of the complainant’s lack of sexual conduct when the state offers the evidence to corroborate the complainant’s allegation of sexual assault… Read more
State v. Manuel Garcia, 2018AP2319-CR, petition for review granted 1/20/21; case activity Issue for review: (adapted from the State’s PFR and the COA’s opinion): Whether the State may invoke the impeachment exception to the exclusionary rule during its case-in-chief and thereby use a defendant’s statement, taken in violation of Miranda, to rehabilitate one of its… Read more
State v. Cesar Antonio Lira, 2019AO691-CR, petition for review granted 1/20/21; case activity Issues presented (from the State’s PFR): 1. Under §973.155, a convicted offender is entitled to sentence credit for “all days spent in custody in connection with the course of conduct for which sentence was imposed.” And §973.15(5) provides that an offender lawfully… Read more
State v. Octavia W. Dodson, 2018AP1476-CR, petition for review granted 1/20/21; case activity (including briefs) Issue presented: Did the sentencing court violate Dodson’s Second Amendment right to keep and bear arms by considering his status as a lawful gun owner an aggravating factor at sentencing? The supreme court just recently rejected an as-applied challenge to… Read more
