State v. Mark M. Benson, 2012 WI App 101 (recommended for publication); case activity Equal Protection – Homicide of Unborn Child by Intoxicated Use of Motor Vehicle, §§ 939.75(2)(b)3, 940.09(1)(c) Section § 939.75(2)(b)3 exempts from criminal liability any “act by a woman who is pregnant with an unborn child that results in the death of or great bodily… Read more
A. Right to appeal
State v. Jon Anthony Soto, 2012 WI 93, on certification; case activity A guilty plea defendant has a statutory right under § 971.04(1)(g) to be present in court when the plea is accepted and judgment pronounced, but the right may be waived (as distinguished from forfeited), as it was here. ¶2 We conclude that Wis. Stat. § 971.04(1)(g) provides a criminal defendant the statutory… Read more
State v. Harry Thompson, 2012 WI 90, reversing unpublished decision; case activity Section 970.02(1)(a) imposes several mandatory duties at initial appearance: the judge must inform the defendant of the charge, furnish him with a copy of the complaint, and personally inform him of the penalties for any felonies in the charge; and, the complaint must set forth the possible penalties… Read more
State v. Kami L. Jennings, 2011AP2206-CR, District 2, 6/27/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence, introduced by the State, as to the defendant’s belief in reincarnation was inadmissible: ¶15 While the parties did not brief the issue, we hold that Jennings’ testimony should have been excluded as inadmissible character evidence under Wis… Read more
State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel – Substitute Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,”… Read more
State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12 court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity Mootness Doctrine – Generally ¶8 n. 2: The State also contends that this issue is moot because the condition of probation Roach challenges expired on January 19, 2012. An issue is moot when its resolution… Read more
court of appeals decision (1-judge, not for publication); for Aaron B.: Jeremy C. Perri, Hannah Blair Schieber, SPD, Milwaukee Appellate; case activity Guardianship – Placement Hearing – Personal Appearance Failure to object to ward’s inability to appear at guardianship placement hearing waived argument that court should not have held hearing in ward’s absence. ¶7 Wisconsin Stat. § 55.10(2) provides that… Read more
