State v. Jose O. Gonzalez-Villarreal, 2013AP1615-CR, District 1, 1/27/15 (not recommended for publication); case activity The court of appeals rejects Gonzalez-Villarreal’s challenge to his conviction for possessing child pornography based on claims that: his right to a speedy trial was violated; discovery restrictions violated his right to equal protection; other acts evidence was erroneously admitted; the… Read more
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State v. Richard Harrison, 2015 WI 5, 1/22/15, affirming a summary disposition of the court of appeals; opinion by Chief Justice Abrahamson; case activity The supreme court unanimously holds that a circuit judge erred by presiding over Harrison’s trial, sentencing, and postconviction motions after Harrison filed a timely and proper § 971.20 request for substitution of the judge, the request was… Read more
State v. Robert J. Tisland, 2012AP1570-CR, District 4, 1/22/15 (not recommended for publication); case activity Even if two legislative acts made inconsistent changes to a criminal statute and meant the changes made by the earlier act were superseded by the later one, a charge filed under the provisions of the superseded act was not, under… Read more
State v. Melisa Valadez, 2014AP678, 2014AP679, 2014AP680; District 2, 1/21/15, certification granted 3/16/15; circuit court reversed 1/29/16; case activity Issue presented (from certification): How definite or imminent must deportation be in order for it to be “likely,” such that a defendant may withdraw a guilty or no contest plea on the basis that he or… Read more
County of Calumet v. Lisa L. Dolajeck, 2014AP2100, District 2, 1/21/15 (one-judge opinion; ineligible for publication); case activity The court of appeals here affirms a decision denying a motion to dismiss OWI charges and a motion to suppress evidence obtained during a traffic stop. It holds that the sheriff in this case had reasonable suspicion… Read more
Question presented: Whether the requirements of a 42 U.S.C. § 1983 excessive force claim brought by a plaintiff who was a pretrial detainee at the time of the incident are satisfied by a showing that the state actor deliberately used force against the pretrial detainee and the use of force was objectively unreasonable. Lower court… Read more
State v. Michael Alger & State v. Ronald Knipfer, 2015 WI 3, 1/20/15, affirming two published court of appeals decisions,: Alger, 2013 WI App 148; Knipfer, 2014 WI App 9; majority opinion by Justice Ziegler; case activity: Alger; Knipfer The supreme court holds that the Daubert standard for expert testimony does not apply to discharge proceedings in a… Read more
Christeson v. Roper, USSC No. 14-6873, 2015 WL 232187 (January 20, 2015) (per curiam); docket The Supreme Court holds that the lower courts failed to properly apply Martel v. Clair, 565 U. S. ___, 132 S. Ct. 1276 (2012), when they denied Christeson’s request to substitute appointed counsel in his federal habaeas case. Christeson, a capital defendant pursing federal… Read more
