State v. Maltese Lavele Williams, 2015 WI 75, 7/10/15; majority by Prosser: concurrence by Abrahamson; on certification from the court of appeals; case activity (including briefs) All jury instruction errors are to be assessed for whether the error was harmless, the supreme court declares, including errors describing a theory of criminal culpability that was not… Read more
L. Harmless Error
State v. Zoltan M. Peter, 2014AP1589-CR, 1/1/15, District 2 (1-judge opinion; ineligible for publication); click here for briefs and docket Peter was found guilty of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood. He moved to suppress the marijuana that the police seized from his car, arguably… Read more
State v. Eddie Lee Anthony, 2015 WI 20, affirming unpublished COA decision; click here for docket and briefs Resolving an issue of first impression, SCOW has decided that a defendant may forfeit his constitutional right to testify by stating an intent to bring up irrelevant matters or by engaging in conduct incompatible with the assertion… Read more
State v. Eduardo Ivanez, 2013AP1901-CR, 2/26/15, District 1 (not recommended for publication); click here for briefs Ivanez appealed his conviction for 1st-degree intentional homicide and hiding a corpse on the grounds that statements he made to the police should have been suppressed and the admission of those statements impelled him to testify that he killed… Read more
State v. Richard Harrison, 2015 WI 5, 1/22/15, affirming a summary disposition of the court of appeals; opinion by Chief Justice Abrahamson; case activity The supreme court unanimously holds that a circuit judge erred by presiding over Harrison’s trial, sentencing, and postconviction motions after Harrison filed a timely and proper § 971.20 request for substitution of the judge, the request was… Read more
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
State v. Anthony E. Henderson, 2013AP2515, District 1, 10/7/14 (not recommended for publication); case activity If the trial court erred in excluding a witness’s attorney from testifying to information that would have impeached the witness, that error was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
