State v. Britton D. McKenzie, 2014AP314-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity Consecutive jail sentences totaling 24 months were not unduly harsh and excessive. McKenzie was convicted of one count of lewd and lascivious conduct and three counts of misdemeanor bail jumping, and given six-month consecutive sentences on each count. The court stayed the sentences and… Read more
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State v. Todd J. Giese, 2014 WI App 92; case activity Expert testimony regarding retrograde extrapolation of Giese’s blood alcohol concentration is admissible under new version of § 907.02(1) despite the fact some experts doubt its reliability because it was the product of reliable principles and methods and based upon sufficient facts and data. Giese, who was charged with operating… Read more
Ozaukee County v. Mark T.J., 2014AP479, District 2, 8/27/14 (1-judge; ineligible for publication); case activity The failure to hold an initial hearing within 72 hours of Mark’s arrival at the hospital where he was detained deprived the circuit court of competency to order an initial commitment order under ch. 51. But his appeal from that… Read more
State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test. ¶9 The indicators of intoxication in Carini’s case were sufficient to establish probable cause to request a PBT. Carini inexplicably… Read more
State v. Price G. Turner, III, 2014 WI App 93; case activity A minor does not as a matter of law lack the capacity to consent to police interception of the minor’s conversations with another person and therefore vicarious consent by a parent is not required. After Turner’s 15-year-old daughter told police Turner had been sexually assaulting… Read more
State v. Robert Kentrell Gant, 2013AP1842-CR, District 1, 8/26/14 (not recommended for publication); case activity Trial counsel’s failure to ask a witness at Gant’s second trial about her inconsistent testimony from Gant’s first trial wasn’t ineffective because the omission didn’t prejudice Gant. Further, the witness’s recantation of the testimony she gave at the second trial doesn’t satisfy the… Read more
State v. Johnnie J., 2014AP144 & 2014AP145, District 1, 8/21/14 (1-judge; ineligible for publication); case activity: 2014AP144; 2014AP145 Assuming trial counsel should have objected to certain expert opinion evidence and hearsay evidence about Johnnie’s behavior, the failure to do so didn’t prejudice Johnnie because of the overwhelming evidence supporting the jury’s verdicts on one of the two grounds for… Read more
Thomas Socha v. Gary Broughton, 7th Circuit Court of Appeals No. 12-1598, 8/14/14 In Socha’s previous appeal of the dismissal of his federal habeas petition, the Seventh Circuit held the district court was not compelled to dismiss the petition just because it was filed after the one-year AEDPA deadline because there were a couple possible theories—specifically… Read more
