State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity Post-Sentencing Plea-Withdrawal, Generally When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: ¶26 … State v. Daley sets out the following list of circumstances where manifest… Read more
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Question Presented Rule 52(b) of the Federal Rules of Criminal Procedure permits an appellate court to correct a trial court’s “plain error” despite the lack of an objection in the trial court. In Johnson v. United States, 520 U.S. 461 (1997), this Court held that, when the governing law on an issue is settled against… Read more
court of appeals publication orders, 6/27/12 On Point posts from this list: 2012 WI App 67 State v. Laurence W. Tucker 2012 WI App 68 State v. Andre L. Miller 2012 WI App 71 Karen Baker v. Department of Health Services 2012 WI App 72 David R. Turnpaugh v. State of Wisconsin Claims Board… Read more
David R. Turnpaugh v. State of Wisconsin Claims Board, 2012 WI App 72; case activity Turnpaugh, whose conviction for soliciting was overturned when the court of appeals concluded that it was unsupported by any evidence, State v. Turnpaugh, 2007 WI App 222, 305 Wis. 2d 722, 741 N.W.2d 488, petitioned for compensation on the basis of innocence, § 775.05. The Claims… Read more
State v. Kami L. Jennings, 2011AP2206-CR, District 2, 6/27/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence, introduced by the State, as to the defendant’s belief in reincarnation was inadmissible: ¶15 While the parties did not brief the issue, we hold that Jennings’ testimony should have been excluded as inadmissible character evidence under Wis… Read more
Milwaukee Journal Sentinel v. City of Milwaukee, 2012 WI 65, on bypass; case activity ¶1 Once again this court is asked to interpret the Wisconsin Public Records Law, Wis. Stat. §§ 19.31-.39 (2009-10).[1] The issue presented is whether an authority[2] may impose a fee on a requester of a public record for the actual, necessary, and direct costs incurred by… Read more
State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop Constitutionality of the traffic stop may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a. ¶29 In this case, the relevant portion of the statute is found in sub. (9)(a)5.a. That subsection… Read more
State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel – Substitute Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,”… Read more
