Michael D. Turner v. Rogers, USSC No. 10-10, 6/20/11 Appellate Procedure – Mootness Doctrine Turner’s appeal – he challenges denial of appointed counsel in a civil contempt proceeding but has fully served the resultant 12-month sentence – isn’t moot: The short, conclusive answer to respondents’ mootness claim, however, is that this case is not moot… Read more
A. Right to appeal
Kevin S. Dalka v. American Family Mutual Ins. Co., 2010AP1428, District 2, 5/24/11 court of appeals decision (recommended for publication); case activity ¶5 Dalka forfeited his right to appellate review of the order compelling him to accept the settlement offer. … It is a fundamental principle of appellate review that issues must be preserved in the circuit… Read more
State v. Deshon C. Matthews, 2011 WI App 92 (recommended for publication); for Matthews: Paul G. Bonneson; case activity Terry Stop – Reasonable Suspicion Reasonable suspicion supported stop of Matthews, when police on patrol saw him wearing a ski mask and hoodie late at night in a high-crime area near a woman who was walking away… Read more
State v. Andre D. Hansbrough, 2011 WI App 79(recommended for publication); for Hansbrough: Amelia L. Bizzaro; case activity Verdict Forms – Harmless Error Failure to provide a not guilty verdict option with a lesser included offense instruction is, although error, not structural but is instead subject to analysis for harmlessness, ¶¶10-17. ¶9 At the outset, we… Read more
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver – Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read more
State v. Thomas J. Hoffman, 2010AP1327-CR, District 2, 3/30/11 court of appeals decision (1-judge, not for publication); for Hoffman: Kathleen A. Lindgren; case activity Hoffman’s challenge to the length of his sentence became moot once he had fully served it. ¶6 At the outset, the State contends that Hoffman’s appeal is moot; he has served… Read more
State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise… Read more
State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Preservation of Issue – Motion in Limine Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to… Read more
