On April 25, 2018, the court of appeals ordered publication of the following criminal law related decisions: State v. Dorian M. Torres, 2018 WI App 23 (warrantless entry and search held lawful because it was authorized by third-party consent) State v. Corey R. Fugere, 2018 WI App 24 (defendant pleading NGI doesn’t need to know… Read more
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Chippewa County v. M.M., 2017AP1325, 5/1/18, District 3, (1-judge opinion, ineligible for publication); case activity You don’t see this very often. A jury found M.M. mentally ill, a proper subject for treatment, and dangerous under §51.20(1)(a)2.c based on testimony by not 1, not 2, but 3 doctors–all of whom said that M.M.’s paranoia and conduct would… Read more
State v. Larry L. Garner, 2016AP2201-CR, 4/17/18, District 1 (not recommended for publication); case activity (including briefs) The State charged Garner and 3 other co-defendants with 2 counts of armed robbery use of force, PTAC, and felony murder, PTAC. The trial court ordered separate trials. A mistrial occurred due to juror misconduct, so the court… Read more
State v. S.S., 2017AP2097 & 2098, 4/17/18, District 1 (one judge decision; ineligible for publication); case activity S.S. appeals the termination of her parental rights to her two boys. She argues the trial court misapplied the six statutory factors in deciding termination was in the children’s best interest, and also that her counsel was ineffective… Read more
State v. Jacqueline M. Datka, 2017AP1886, 4/18/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Datka challenges the officer’s decision to ask for a preliminary breath test after she was stopped on suspicion of OWI. She argues that various factors militated against the conclusion that she was drunk, including that she exhibited… Read more
State v. William H. Craig, 2017AP651-CR, 4/17/18, District 3 (not recommended for publication); case activity (including briefs) Criminal defendants have a broad right to pretrial discovery under §971.23(1), but that right is tempered by §971.23(6), which authorizes the circuit court to enter protective orders for good cause. The court is not required to hold an evidentiary hearing… Read more
State v. Anthony Jones, 2018 WI 44, 5/4/2018, affirming an unpublished summary order, 2015AP2665, case activity We noted in our post on the grant of Jones’s PFR that at the time there were “exactly zero Wisconsin appellate cases holding expert testimony inadmissible under Daubert.” That’s still true. Jones sought to exclude from his ch. 980 commitment trial… Read more
State v. David McAlister, Sr., 2018 WI 34, 4/17/18, affirming an unpublished court of appeals order, 2014AP2561; case activity A jury convicted McAlister in 2007 of three counts having to do with an attempted and a completed armed robbery. The state’s case was founded on the testimony of two men (Jefferson and Waters) who had… Read more
