State v. Frank M. Zdzieblowski, 2014 WI App 130; case activity The prosecutor during voir dire elicited a promise from prospective jurors that they would convict if the State proved the elements of the charged crimes beyond a reasonable doubt, and then reminded the jurors of that promise in his rebuttal closing argument. The court of… Read more
L. Harmless Error
State v. Anthony E. Henderson, 2013AP2515, District 1, 10/7/14 (not recommended for publication); case activity If the trial court erred in excluding a witness’s attorney from testifying to information that would have impeached the witness, that error was harmless. Henderson was charged with sexually assaulting J.C. and R.S. Before trial, the attorney representing J.C. in… Read more
State v. John M. Lattimore, 2013AP911-CR, District 4, 9/11/14 (not recommended for publication); case activity Lattimore was convicted of 2nd-degree sexual assault with use of force and false imprisonment against S.M. He appealed trial court decisions to: (1) join a count of 3rd-degree sexual assault against a different victim, M.H., to S.M.’s trial, (2) exclude… Read more
State v. Eugene P., 2014AP361, 2014AP362 & 2014AP363, District 1, 9/3/14 (1-judge; ineligible for publication); case activity: 2014AP361; 2014AP362; 2014AP363 Allowing a doctor to testify at a CHIPS trial that the children’s injuries were the result of abuse was harmless because there was overwhelming evidence to support the jury’s verdict. The state filed CHIPS petitions alleging Eugene’s three children were in… Read more
State v. James R. Hunt, 2014 WI 102, 8/1/14, reversing an unpublished per curiam court of appeals decision; majority opinion by Justice Gableman; case activity The court of appeals granted Hunt a new trial; the supreme court takes that new trial away. The supreme court’s decision does not develop any new law or address a novel issue… Read more
State v. Angelica Nelson, 2014 WI 70, 7/16/14, affirming an unpublished per curiam court of appeals decision; majority decision by Justice Roggensack; case activity Nelson wanted to testify at her trial on child sexual assault charges, but after a colloquy with her about waiving her right to remain silent the trial judge wouldn’t let her because he… Read more
State v. Luis M. Rocha-Mayo, 2014 WI 57, affirming an unpublished court of appeals decision; 7/11/14; majority opinion by Justice Crooks; case activity Why tackle thorny legal issues surrounding Wis. Stat. §343.303’s prohibition against the use of PBTs at OWI trials when you can decide the case on harmless error grounds? In this case, the PBT was… Read more
State v. John M. Navigato, 2012AP2108-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity State v. Teddy W. Bieker, 2012AP2693-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity The circuit court, relying on the district attorney’s assertion of the so-called “interlocking confessions” doctrine, denied Navigato’s… Read more
