State v. Darrell K., 2010AP1910, District 1, 10/19/10 court of appeals decision (1-judge, not for publication); for Darrell K.: Jereny C. Perri, SPD, Milwaukee Darrell’s right to counsel was violated when the trial court granted counsel’s motion to withdraw then found Darrell in default as to grounds while he was unrepresented. State v. Shirley E… Read more
L. Harmless Error
decision below: unpublished; prior On Point post; for Rhodes: John J. Grau Issue (from Table of Pending Cases): Whether a criminal defendant’s constitutional right to confront a witness in cross-examination was infringed, and, if so, whether the infringement was harmless error. Homicide case, tried on State’s theory Rhodes had motive to kill victim for beating Rhodes’… Read more
Waukesha County DH&HS v. Michelle P., 2009AP1087, District 2, 8/25/10 court of appeals decision (1-judge, not for publication); for Michelle P.: Eileen A. Hirsch, SPD , Madison Appellate Authority of the local department to suspend visitation without judicial approval is an “interesting” issue, but one that need not be reached under these facts because the… Read more
State v. Jason M. Bruckbauer, 2009AP1823-CR, District 4, 8/19/10 court of appeals decision (3-judge, not recommended for publication); for Bruckbauer: Dennis Schertz; BiC; Resp.; Reply Harmless Error Any error in admission of a pretrial ID of Bruckbauer from a photo array was harmless, where: the challenged ID didn’t directly implicate him in the homicide but… Read more
State v. Walter Allison, Jr., 2010 WI App 103; for Allison: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply Summary judgment in favor of discharge isn’t an available option under § 980.09. ¶18 Applying the principles governing statutory interpretation to Wis. Stat. § 980.09, it is clear that the legislature explicitly prescribed a different procedure from those… Read more
court of appeals decision (1-judge; not for publication); for Knapp: David M. Helmke; BiC; Resp. Harmless Error – Prior Conviction Inadmissible testimony suggestive of a prior conviction (Knapp’s statement upon arrest “that he was going to jail again”) was non-prejudicial: Knapp himself testified he had a prior conviction and nothing in the inadmissible testimony indicated… Read more
State v. Dhosi J. Ndina, 2009 WI 21, affirming 2007 WI App 268 For Ndina: Richard L. Kaiser Issue/Holding: ¶43 If a defendant’s right to a public trial is determined to have been violated, the defendant need not show prejudice; the doctrine of harmless error does not apply to structural errors. [15] [15] See Neder… Read more
State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶21 Wisconsin Stat. § 901.03(4) (2003-04) recognizes the plain error doctrine. [3] The plain error doctrine allows appellate courts to review errors that were otherwise waived by a party’s failure to object. State v. Mayo, 2007 WI… Read more
