State v. Adam M. Zamora, 2016AP1923-CR, District 2, 9/27/17 (not recommended for publication); case activity (including briefs) The circuit court properly exercised its discretion in determining that an expert witness called to testify about child sexual assault victim reporting behaviors met the so-called Daubert standard codified in § 907.02(1). The ten-year-old who accused Zamora of sexually assaulting her delayed reporting… Read more
D. Waiver of issues/arguments
State v. Santos Lee Hernandez, 2017AP62-CR, 7/11/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Hernandez filed a postconviction motion arguing that he pled guilty to lewd and lascivious behavior while he was drunk–so drunk that he incorrectly told the court that he had not consumed alcohol within the previous 24 hours… Read more
Weaver v. Massachusetts, USSC No. 16-240, 2017 WL 2674153 (June 22, 2017); affirming Commonwealth v. Weaver, 54 N.E.3d 495 (Mass. 2016); Scotusblog page (including links to briefs and commentary) Members of the public–specifically, Kentel Weaver’s family–were excluded from the overcrowded courtroom during jury selection for his trial. Violations of the Sixth Amendment right to public… Read more
Marquette County v. T.F.W., 2017AP5, 6/8/17, District 4 (1-judge opinion, ineligible for publication); case activity T.F.W. objected to the having his treating psychiatrist testify by telephone at his Chapter 51 extension hearing. He cited both §885.60 and “due process.” He did not specifically cite §807.13(2)(c), which outlines 8 factors a trial court should consider before allowing telephonic… Read more
State v. Donald G. Verkuylen, 2016AP2364, 5/18/2017, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Verkuylen pled to refusing a blood draw contrary to the motorboat implied consent law, Wis. Stat. § 30.684. He raises several arguments about the statutorily required warnings, but the court of appeals finds them all either meritless… Read more
State v. John A. Augoki, 2016AP231-CR, 4/25/17, District 1 (not recommended for publication); case activity (including briefs) Augoki raises two claims on appeal of his jury-trial conviction of three sexual assaults: that the jury heard other-acts evidence it should hot have heard (raised here as plain error) and that the court unconstitutionally limited his cross-examination of a… Read more
State v. Robert Mario Wheeler, 2016AP55-CR, 2/21/2017, District 1 (not recommended for publication); case activity (including briefs) Robert Wheeler was tried for reckless injury and being a felon in possession of a gun arising out of a single shooting incident. To keep the jury from hearing about his status as a felon, the parties stipulated that… Read more
City of Appleton v. Jacob Anthony Vandenberg, 2015AP2649, District 3, 11/8/16 (one-judge decision; ineligible for publication); case activity (including briefs) Because he entered a plea to OWI, first offense, Vandenberg forfeited his arguments that police lacked reasonable suspicion to stop him for operating while intoxicated or hit-and-run under § 346.69, and the court of appeals declines… Read more
