State v. John C. Baker, 2012AP2163-CR, District 2/4, 5/30/13; court of appeals decision (not recommended for publication); case activity The totality of the circumstances shows a police officer could reasonably suspect that a break-in had occurred or was about to occur at the time the officer temporarily detained Baker for the purpose of investigating that… Read more
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State v. Juan M. Rodriguez-Faustino, 2012AP2777, District 1, May 29, 2013; court of appeals decision (1-judge; ineligible for publication); case activity Rodriguez-Faustino pled to a misdemeanor drug offense and, in January 2007, was placed on probation for 12 months. (¶¶4-5). In September 2012 he filed a motion to withdraw his plea, asserting his attorney was… Read more
State v. Roy W., 2013AP413, District 1, 5/29/13; court of appeals decision (1-judge; ineligible for publication); case activity The court of appeals rejects Roy W.’s arguments that “virtually every” factor under § 48.426(3) weighed in his favor and that the only ground for terminating his parental rights was his sixteen month prison sentence. (¶1). Based on a lengthy… Read more
State v. Courtney C. Beamon, 2013 WI 47, on review of published court of appeals decision; case activity; majority opinion by Justice Roggensack Beamon was tried for fleeing an officer under § 346.04(3), which requires proof that the person knowingly fled or attempted to elude an officer in one of three ways: 1) by willful or… Read more
State v. Ervin Thomas, 2013 WI App 78; case activity The trial court properly calculated the 180-day speedy trial time limit from the prosecutor’s actual receipt of Thomas’s demand for disposition, and not from the receipt of the demand three days earlier by the county courthouse’s “Information Management Services Distribution” [sic] office. Under § 976.05(3)(a) and State v… Read more
Polk County v. Norman S., 2012AP2801, District 3, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity. Given the court of appeals’s highly deferential standard of review for jury verdicts, it doesn’t throw them out very often. In this case, it did. A jury found by clear and convincing evidence that Norman… Read more
Now that Wisconsin follows Daubert, perhaps you can challenge the cell tower tracking evidence the State plans to present in your case as “junk science.” Click here for an ABA Journal story about how to do it. According to defense expert Michael Cherry: “No one who understands the relevant science would ever claim that data… Read more
McQuiggin v. Floyd Perkins, USSC No. 12-126, 5/28/13 United States Supreme Court decision, vacating and remanding Perkins v. McQuiggin, 670 F.3d 665 (6th Cir. 2012) In Schlup v. Delo, 513 U. S. 298 (1995), and House v. Bell, 547 U. S. 518 (2006), the Court held that a convincing showing of “actual innocence” enabled habeas… Read more
