State v. L.V., 2018AP1065, 1/29/19, District 1 (one-judge opinion; ineligible for publication); case activity The defense moved to exclude evidence of L.V.’s criminal record prior to his daughter’s birth. The State told the court it had no intention of introducing his criminal record at trial. But when L.V. took the stand, guess who started asking… Read more
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State v. Mickey L. Miller, 2017AP2323-CR, 1/29/19, District 1 (not recommended for publication); case activity (including briefs) Midway through Miller’s trial, the State discovered that two photo arrays had been conducted when both parties thought there had been just one. The State did not immediately disclose this fact. It waited until after the victim testified… Read more
….telling an eyewitness which suspect to pick. The New York Times offers a glimpse (complete with photos) of some of the ways lineups, past and recent present, have been unfairly suggestive, here… Read more
Following up on our post from earlier this week, here are some more links to sentencing issues of interest to Wisconsin practitioners. On the actuarial risk assessment instrument front, we recommend a paper called “The Accuracy, Equity, and Jurisprudence of Criminal Risk Assessment,” by Sharad Goal, Ravi Shroff, Jennifer Skeem, and Christopher Slobogin. It discusses… Read more
State v. Nathan Alan Bise, 2017AP1662, District 4, 1/24/19 (one-judge decision; ineligible for publication); case activity (including briefs) Bise raises three challenges to the finding he improperly refused a breath test. The court of appeals rejects them all. Bise’s main argument is that there wasn’t a sufficient factual basis to find he refused a test… Read more
State v. Jordan Bennett Micklevitz, 2018AP637-CR, District 1, 1/23/19 (not recommended for publication); case activity (including briefs) The court of appeals rejects Micklevitz’s challenges to the search of his apartment. Police went to Micklevitz’s apartment on a misdemeanor domestic violence battery “want.” Micklevitz answered the officers’ knock on his door, and police determined he matched… Read more
State v. William Lester Jackson, 2018AP896-CR, District 1, 1/23/19, (not recommended for publication); case activity (including briefs) Jackson accidentally shot himself with a firearm that a friend left in his car and then drove himself to a hospital. A detective chained him to his bed because he needed to talk to Jackson but he also… Read more
State v. K.L., 2018AP2180-2183, 1/23/19, District 1; (1-judge opinion, ineligible for publication); case activity After the circuit court terminated K.L.’s parental rights to 4 of his kids, he appealed arguing that the finding that he failed to assume parental responsibility for his kids was clearly erroneous. The circuit court focused only on the period after… Read more
