State v. Daniel Tawan Smith, 2015AP291-CR, District 4, 9/17/15 (one-judge decision; ineligible for publication); case activity (including briefs) Police had probable cause to arrest Smith, who was seen driving away from his home just as police arrived to execute a search warrant to look for evidence that he was selling marijuana. ¶7 “There is… Read more
admin
State v. Shironski A. Hunter, 2014AP2521-CR, District 1, 9/15/15 (not recommended for publication); case activity (including briefs) The trial court didn’t err in admitting statements witnesses made during a 911 call and to police at the scene of the crime because the statements were excited utterances. Moreover, the statements weren’t testimonial for Confrontation Clause purposes, so… Read more
Did you see “Last Week Tonight with John Oliver: Public Defenders” on HBO? It’s compelling, and it will make you laugh and cry simultaneously. Click here to watch it. Can we hire this guy… Read more
Review of an unpublished per curiam court of appeals decision; case activity Issues (copied from the State’s PFR here): Crimes may be joined in one trial if they are similar or if they are connected as part of a common plan. Here, the court of appeals reversed Salinas’ conviction because it decided allegations that he… Read more
Review of an unpublished per curiam court of appeals decision; case activity Issues (derived from the court of appeals opinion): Whether, in order to get an evidentiary hearing, a defendant’s postconviction motion to withdraw his plea because he did not understand the “read-in” concept must allege that he would have pled differently if he had understood the “read-in”… Read more
State v. Lonel L. Johnson, Jr., 2014AP2888-CR, District 3, 9/15/15 (not recommended for publication); case activity High fives for the defense! The domestic abuse repeater enhancer applied to this defendant increased his maximum penalty for the charged offense. Thus, the court of appeals held (and the State conceded) that the jury had to find, beyond a reasonable doubt, that… Read more
Review of an unpublished per curiam court of appeals decision; affirmed 2016 WI 17; case activity (for 2014AP1248-CR, which links to the other consolidated cases) Issues (composed by On Point from the PFR) Where the State agreed to cap its sentence recommendation on four cases at the “high end” of the recommendation of the presentence investigation… Read more
Review of an unpublished court of appeals decision; affirmed 2016 WI 26; case activity (including briefs) Issues (composed by On Point) Does a defendant have the right to testify at the mental responsibility phase of a bifurcated criminal proceeding? If so, is an on-the-record colloquy regarding the waiver of the right to testify required? Lagrone didn’t… Read more
