State v. Bryanntton A. Brown, 2013AP1332-CR, District 1, 6/24/14 (not recommended for publication); case activity Trial counsel was not ineffective for failing to present certain evidence that the complainant in Brown’s child sexual assault prosecution may have obtained her sexual knowledge from watching TV and movies and talking to her older sister. Nor was trial counsel ineffective for not… Read more
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Aaron v. Ols v. City of Milwaukee, 2013AP1882, District 1, 6/24/14 (not recommended for publication); case activity Ols is entitled to the return of his firearm under § 968.20 because there is insufficient evidence that Ols used the firearm in the commission of a crime. Ols was charged with disorderly conduct while armed (later reduced to a municipal ordinance violation) for… Read more
Kevin Loughrin v. United States, USSC No. 13-316, 2014 WL 2807180 (June 23, 2014), affirming United States v. Loughrin, 710 F.3d 1111 (10th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Resolving an issue that split the federal circuit courts, the Supreme Court holds that the section of the federal bank fraud statute that prohibits “knowingly execut[ing] a scheme… Read more
Question presented: Whether 18 U.S.C. § 2113(e), which provides a minimum sentence of ten years in prison and a maximum sentence of life imprisonment for a bank robber who forces another person “to accompany him” during the robbery or while in flight, requires proof of more than a de minimis movement of the victim. Lower court… Read more
State v. Eric T. Alston, 2013AP1833-CR & 2013AP1834-CR, District 4, 4/19/16 (1-judge; ineligible for publication); case activity: 2013AP1833-CR; 2013AP1834-CR Bifurcated sentences that were first modified under the now-superseded, unpublished ruling in State v. Gerondale have to be modified again because they violate the rule that the confinement portion of a bifurcated sentence can’t exceed 75% of the total sentence. Alston complained that his enhanced… Read more
State v. Russell S. Krancki, 2014 WI App 80; case activity In the first Wisconsin case to address how Salinas v. Texas, 570 U.S. ___, 133 S. Ct. 2174 (2013), affects the admission of evidence of a defendant’s silence, the court of appeals reads Salinas to apply to a narrow factual scenario not present in this case. The court goes on to assume that trial counsel should… Read more
State v. Dale F. Wendt, 2014AP174, District 2, 6/18/14 (1-judge; ineligible for publication); case activity The information known to the deputy at the time he requested Wendt to take a blood test provided probable cause to believe Wendt had driven his vehicle while intoxicated earlier that evening, despite the deputy’s lack of information as to whether Wendt drank during… Read more
State v. David Phillip Foley, 2013AP1722-CR/2013AP1723-CR; district 1, 6/17/14 (unpublished); case activity Under § 943.20(1)(d), theft by fraud requires, among other things, that the defendant made a false representation to the owner of the property that the defendant stole. This does not require direct communication between the defendant and the victim. It is sufficient that… Read more
