State v. Daniel D. Bolstad, 2013AP2139, District 4, 7/17/14 (not recommended for publication); case activity The court of appeals orders a new trial in the interest of justice because the prosecutor’s unwitting use of false testimony as critical evidence to establish that Bolstad was lying so clouded the crucial issue of credibility that it prevented… Read more
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State v. Vernon D. Hershberger, 2014 WI App 86; case activity As a general rule, a person may not collaterally attack a prior judicial order or judgment in a proceeding brought to enforce that order or judgment, e.g., State v. Campbell, 2006 WI 99, ¶¶51-55, 294 Wis. 2d 100, 718 N.W.2d 649. The court of appeals holds… Read more
State v. Angelica Nelson, 2014 WI 70, 7/16/14, affirming an unpublished per curiam court of appeals decision; majority decision by Justice Roggensack; case activity Nelson wanted to testify at her trial on child sexual assault charges, but after a colloquy with her about waiving her right to remain silent the trial judge wouldn’t let her because he… Read more
State v. Antonio D. Brown, 2014 WI 69, 7/16/14, affirming a published court of appeals decision; majority opinion by Justice Bradley; case activity Another defense victory! Police stopped Brown’s car due to an alleged violation of §347.13(1), which prohibits the operation of a vehicle at night unless its tail lamps are in “good working order.” In a… Read more
Kenosha County v. Vermetrias W., 2014AP861-FT, District 2, 7/16/14 (one-judge decision; ineligible for publication); case activity Vermetrias had been the subject of a Chapter 51 commitment order, which Kenosha County sought to extend. Section 51.20(1)(a)2 provides than an individual is the proper subject for commitment if he or she poses a danger to himself or… Read more
State v. Penny S. Rosendahl, 2014AP349-CR, District 2 (1-judge opinion, inelgible for publication); case activity ¶8 When the evidence includes disputed testimony from the arresting officer and a video showing events leading up to the arrest, the circuit court’s findings of fact are subject to review under the clearly erroneous standard. State v. Walli, 2011 WI App… Read more
State v. Erick O. Magett, 2014 WI 67, 7/16/14, affirming an unpublished court of appeals decision; majority opinion by Justice Prosser; case activity The circuit court erred when it prevented Magett from testifying on the issue of mental disease or defect during the responsibility phase of his NGI trial because the court mistakenly believed that Magett was… Read more
State v. Joseph J. Spaeth, 2014 WI 71, 7/16/14, on certification from the court of appeals, and reversing the circuit court’s dismissal order; majority opinion by Justice Gableman; case activity A necessary predicate of a commitment under ch. 980 is a conviction for a sexually violent offense. This case raises an unusual issue regarding predicate convictions: Can the… Read more
