State ex rel. Antjuan Redmond v. Brian Foster, 2014AP2637, District 2, 4/27/16, certification granted 6/15/16, certification vacated and case returned to the court of appeals 9/15/16; case activity (including briefs) Issue: Whether an offender whose parole and extended supervision was revoked after a revocation hearing has an adequate remedy other than a writ of habeas… Read more
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Dismissal of felon-in-possession charge doesn’t bar new charge under different provision of § 941.29
State v. Joshua Java Berry, 2016 WI App 40; case activity (including briefs) Berry was found guilty at a bench trial of being a felon in possession of a firearm under § 941.29(2)(a) (2013-14). Before sentencing, Berry’s lawyer figured out that Berry’s prior conviction was for a misdemeanor, not a felony. The court vacated the felon-in-possession conviction and… Read more
State v. Phillip Kareen Green, 2015AP1126-CR, 4/26/16, District 1 (not recommended for publication); case activity (including briefs) Green argues that the evidence was insufficient to convict him of first degree reckless homicide because it didn’t prove he acted with utter disregard for human life. He also argues for a new trial in the interest of… Read more
State v. James Elvin Lagrone, 2016 WI 26, 4/22/2016, affirming an unpublished court of appeals decision, majority opinion by Ziegler, dissent by A.W. Bradley (joined by Abrahamson); case activity (including briefs) Lagrone wasn’t told he had the right to testify during the second, mental responsibility phase of his NGI trial. He alleged in his postconviction… Read more
Today’s edition of SCOWstats considers the recent plunge in court of appeals opinions, the uptick in per curiam opinions and what this means for SCOW. Click here for more… Read more
Question presented: Whether, in the bank-fraud statute, 18 U.S.C. § 1344, subsection (1)’s “scheme to defraud a financial institution” requires proof of a specific intent not only to deceive, but also to cheat, a bank, as nine circuits have held, and as petitioner argued here. Lower court opinion: United States v. Shaw, 781 F.3d 1130 (9th Cir… Read more
Question presented: What are the jurisdictional prerequisites for appealing a deferred restitution award made during the pendency of a timely appeal of a criminal judgment imposing sentence, a question left open by the Court’s decision in Dolan v. United States, 560 U.S. 605 (2010)? Lower court opinion: United States v. Manrique, 618 Fed. App’x 579 (11th… Read more
State v. Russell C. Troka, 2016 WI App 35; case activity (including briefs) Because the record does not reflect an adequate basis for a finding of manifest necessity warranting a mistrial over Troka’s objection, retrying Troka would violate his right against double jeopardy. Troka was charged with attempted homicide, strangulation or suffocation, battery and other… Read more
