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
D. Waiver of issues/arguments
State v. Susan M. Thorstad, 2011AP2854-CR, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Thorstad: Charles W. Giesen; case activity Mistrial was granted after the arresting officer, in contravention of pretrial order, testified that this was Thorstad’s second OWI. However, the officer was unaware of the order, because the prosecutor had failed… Read more
State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance… Read more
Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010) This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed… Read more
State v. Basil E. Ryan, Jr., 2012 WI 16, reversing 2011 WI App 21; case activity ¶32 We begin by addressing the circuit court’s application of the equitable doctrine of judicial estoppel. Judicial estoppel is intended “to protect against a litigant playing ‘fast and loose with the courts’ by asserting inconsistent positions” in different legal proceedings. State v… Read more
State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12 court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity The court rejects challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35… Read more
State v. Christina L. Contizano, 2011AP477-CR, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Contizano: Robert C. Howard III; case activity At Contizano’s sentencing for obstructing, based on lying to the police about her daughter’s location, the trial court didn’t erroneously exercise discretion in allowing Contizano’s ex-husband to advocate as a “victim” of… Read more
on petition for review of published decision; case activity Issues (provided by court): Can a defendant be found guilty under the forfeiture statutes on the grounds of judicial estoppel where the defendant claims he made no statement to a prior court? Did the undisputed facts on the record establish that if judicial estoppel had not… Read more
