State v. Jon Anthony Soto, 2012 WI 93, on certification; case activity A guilty plea defendant has a statutory right under § 971.04(1)(g) to be present in court when the plea is accepted and judgment pronounced, but the right may be waived (as distinguished from forfeited), as it was here. ¶2 We conclude that Wis. Stat. § 971.04(1)(g) provides a criminal defendant the statutory… Read more
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State v. Abraham C. Negrete, 2012 WI 92, affirming summary order; case activity Negrete’s motion to withdraw his 1992 guilty plea, on the ground that he wasn’t personally advised of deportation consequences, § 971.08(2), was denied by the circuit court without a hearing. The court upholds that result: ¶2 In support of his motion, Negrete stated in an affidavit that… Read more
State v. Roshawn Smith, 2012 WI 91, reversing in part, affirming in part unpublished decision; case activity Standard of Review: Sufficiency of Evidence ¶29 We understand Smith’s central argument regarding the standard of review on the evidentiary question to be summed up in the proposition that a jury verdict of guilt[9] must be reversed on appeal if “[t]he inferences that… Read more
State v. Harry Thompson, 2012 WI 90, reversing unpublished decision; case activity Section 970.02(1)(a) imposes several mandatory duties at initial appearance: the judge must inform the defendant of the charge, furnish him with a copy of the complaint, and personally inform him of the penalties for any felonies in the charge; and, the complaint must set forth the possible penalties… Read more
seventh circuit decision, denying habeas relief in 783 N.E.2d 1140 (Ind. 2003) Habeas – Ineffective Assistance of Counsel Habeas challenge to counsel’s performance in this capital case is limited to imposition of the death penalty, in three respects, all of which the court rejects. 1) Failure to ask the trial judge to have courtroom spectators stop displaying… Read more
State v. Richard Lavon Deadwiller, 2012 WI App 89, supreme court review granted 1/14/13; affirmed, 2013 WI 75; case activity A report from an “outside” lab (Orchid Cellmark) relied on by a State Crime Lab technician for “investigative” purposes in developing a DNA match between defendant and assailant wasn’t “testimonial,” therefore didn’t violate confrontation: ¶1… Read more
State v. Circuit Court for Dane County / Ismael R. Ozanne v. Jeff Fitzgerald, 2012 WI 82, declining to grant motion to reopen 2011 WI 43; case activity; companion case: Adams v. State, 2012 WI 81 The court splits 3-3 on, and therefore does not grant, District Attorney Ozanne’s motion to reopen the decision in 2011 WI 43 (the Act 10, Open Meetings… Read more
State v. Scott E. Ziegler, 2012 WI 73, on certification; case activity Interfering with Child Custody, § 948.31(2) – Elements Language in State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332, that one method of violating § 948.31(2) (interference with child custody) requires the parent’s “initial permission” to take child, is now “withdrawn”: ¶52 Pursuant to the plain… Read more
