State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack… Read more
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State v. Anthony D. Guard, 2012 WI App 8 (recommended for publication); for Guard: Richard L. Zaffiro; case activity Warrantless Entry – Duplex, Common Hallway Guard, a resident of a duplex upper flat, had a reasonable expectation of privacy in a hallway by which his unit was accessed, such that warrantless police entry into that… Read more
State v. Lisa L. Payne, 2010AP1995-CR, District 3, 12/20/11 court of appeals decision (not recommended for publication); for Payne: Eric R. Pangburn; case activity The court, in imposing a sentence to prison confinement term of 13 months, expressly took into effect the possibility that Payne’s medical needs would not “be addressed adequately in a county… Read more
State v. Douglas J. Richer, 2011AP1197-CR, District 3, 12/20/11 court of appeals decision (1-judge, not for publication); for Richer: Matthew F. Anich, Tyler William Wickman; case activity Richer wasn’t in custody (to a degree associated with formal arrest) so as to require Miranda warnings: ¶15 Here, Richer’s argument focuses only on the time period before Mathison placed… Read more
From the academy: Deirdre D. Brown, “One Strike and You’re Out: Padilla Advisement About Public Housing Eligibility” (“Attorneys must begin to recognize that there already exist an ethical and moral duty to advise clients of the collateral consequence of the loss of public housing eligibility and that this duty to advise meets the Sixth Amendment… Read more
State v. Charles A. Clayton-Jones, 2010AP2239-CR, District 4, 12/15/11 court of appeals decision (not recommended for publication); for Clayton-Jones: Martin E. Kohler, Craig S. Powell; case activity Clayton-Jones resolved a 2006 charge (involving sexual assault of a boy) with a plea bargain, in which the state was to recommend 12 years initial confinement. Before sentencing… Read more
on review of summary opinion; for Miller: Martha K. Askins, SPD, Madison Appellate; case activity Terry Stop – Reasonable Suspicion Issue (composed by On Point): Whether information obtained from a jail inmate and other, anonymous sources established reasonable suspicion for a Terry stop. Neither the court of appeals summary order nor Miller’s petition for review… Read more
on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity Sentencing Discretion – Reliance on Dismissed Charge Issue (composed by On Point): Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.” Frey was charged with sexually assaulting two girls. Both testified at the… Read more
