State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack… Read more
6. Waiver of appeal
State v. Forrest Andre Saunders, 2011 WI App 156 (recommended for publication); for Saunders: Robert A. Kagen; case activity Notice of Alibi, § 971.23(8) – DA Comment on Missing Witness “Alibi” merely refers to the fact that the defendant was elsewhere when the alleged occurred, ¶21, citing, State v. Brown, 2003 WI App 34, ¶13, 260… Read more
State v. Joshua P. O’Keefe, 2010AP2898-CR, District 4, 10/13/11 court of appeals decision (1-judge, not for publication); for O’Keefe: Steven D. Grunder, SPD, Madison Appellate; case activity ¶7 O’Keefe contends that the circuit court erred in admitting the testimony of Bannach and Wanta in which they read to the jury the “Diagnosis” portion of the medical… Read more
J. K. v. Mark Peters, 2011 WI App 149 (recommended for publication); case activity Appellate Procedure – “Waiver,” Distinguished from “Forfeiture” ¶1 n. 1: In using the term “waiver,” we are aware of the recently decided case of State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, where our supreme court clarified the distinction… Read more
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
