Review of an unpublished per curiam court of appeals decision; case activity Issues (copied from the State’s PFR here): Crimes may be joined in one trial if they are similar or if they are connected as part of a common plan. Here, the court of appeals reversed Salinas’ conviction because it decided allegations that he… Read more
L. Harmless Error
State v. Lonel L. Johnson, Jr., 2014AP2888-CR, District 3, 9/15/15 (not recommended for publication); case activity High fives for the defense! The domestic abuse repeater enhancer applied to this defendant increased his maximum penalty for the charged offense. Thus, the court of appeals held (and the State conceded) that the jury had to find, beyond a reasonable doubt, that… Read more
Mark D. Jensen v. Marc Clements, 7th Circuit Court of Appeals No. 14-1380, 9/8/15, affirming Jensen v. Schwochert, No. 11-C-0803 (E.D. Wis. Dec. 18, 2013) At Jensen’s trial for the murder of his wife Julie the State introduced Julie’s handwritten letter to the police, written two weeks before her death, in which she wrote she would never… Read more
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
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State v. Eddie Lee Anthony, 2015 WI 20, affirming unpublished COA decision; click here for docket and briefs Resolving an issue of first impression, SCOW has decided that a defendant may forfeit his constitutional right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State v. Eduardo Ivanez, 2013AP1901-CR, 2/26/15, District 1 (not recommended for publication); click here for briefs Ivanez appealed his conviction for 1st-degree intentional homicide and hiding a corpse on the grounds that statements he made to the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
