State v. Ralph S. Stewart, 2011AP1424-CR, District 1, 5/15/12 court of appeals decision (not recommended for publication); for Stewart: Byron C. Lichstein; case activity Counsel’s failure to impeach police officers, with their own reported statements, was deficient: ¶17 While matters of trial strategy are generally left to counsel’s professional judgment, counsel may be found ineffective if… Read more
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State v. Joel R. Medrow, 2011AP2314, District 1, 5/15/12 court of appeals decision (1-judge, not for publication); for Medrow: Chad A. Kanning; case activity An anonymous call to the police reported that the caller had followed a possibly impaired driver who had turned parked in the front parking lot of the Cudahy Police Department; the report… Read more
Oneida County Department of Social Services v. Scott H, 2011AP2599, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Scott H.: Brian C. Findley; case activity; companion case: Oneida County Department of Social Services v. Amanda H., 2011AP2599 Notwithstanding trial counsel’s concession of no strategic reason for allowing the jury to view documents… Read more
Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599 TPR – Severance On joint trial for termination of parental rights, Scott’s disruptive… Read more
State v. Andre L. Miller, 2012 WI App 68 (recommended for publication); for Miller: Jeffrey J. Guerard; case activity Haseltine “Vouching” Rule The anti-vouching rule of State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984) (one witness may not comment on the credibility of another witness) isn’t applicable to a pre-trial interrogation during which… Read more
State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions: ¶17 To begin, we conclude that the amended information properly notified… Read more
court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Alexander: Hans P. Koesser; case activity Juror Selection / Dismissal – Right to Personal Presence A defendant has a non-waivable right to personal presence at voir dire, ¶6 (citing, § 971.04(1)(c); and, State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct… Read more
State v. Christopher Walter Hurns, 2011AP857-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Hurns: Rex Anderegg; case activity Hurns wasn’t entitled to adduce, as an exception to the rape shield law, evidence of the complainant’s prior untruthful allegation of sexual assault; § 972.11(2)(b), as informed by 3-part test of State v. DeSantis… Read more
