State v. Robert E. Hammersley, 2018AP1022, District 3, 7/30/19 (one-judge decision; ineligible for publication); case activity (including appellant’s brief) Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), doesn’t provide a basis to void the revocation of Hammersley’s driver’s license back in 1995 for refusing a blood alcohol test after his OWI arrest. Hammersley argues… Read more
K. Standards of Review
Marathon County v. D.K., 2017AP2217, petition for review granted 7/10/19; affirmed 2/4/2020; case activity As our prior post noted, the court of appeals upheld D.K. (or “Donald”)’s commitment against his challenge to the sufficiency of the evidence. The supreme court has now agreed to decide whether the testimony of the examining physician, who was the sole witness… Read more
State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But… Read more
State v. Rondale Darmon Tenner, 2018AP1115-CR, District 1, 3/12/19 (not recommended for publication); case activity (including briefs) Tenner complains his lawyer was ineffective for failing to impeach one of the state’s witnesses with her prior convictions. He also says he should get a new trial because he has an affidavit from a new witness who… Read more
State v. Jerry Simone Wilson, 2018AP534, District 1, 3/12/19 (not recommended for publication); case activity (including briefs) Wilson’s bid for a new trial based on newly discovered evidence fails because he was negligent for not seeking the evidence at the time of his original trial. Wilson was convicted of reckless homicide and recklessly endangering safety… Read more
State v. Devon Maurice Bowser, 2018AP313, 1/8/19, District 3 (not recommended for publication); case activity (including briefs) Bowser was charged with several offenses in two cases; the two cases involved alleged drug sales on two different dates (one in 2015, one in 2016) to two different CIs. He and the state struck a deal in… Read more
State v. Shawn T. Wiskerchen, 2019 WI 1, 1/4/19, affirming an unpublished court of appeals decision, 2016AP1541; case activity (including briefs) This could have turned out worse. The court of appeals, as we noted in our post on that court’s decision, held that Wiskerchen, convicted of a single burglary of a home, could be made to… Read more
Fond du Lac County DSS & W.A.B. v. W.G.B. & K.L.B., 2017AP2468, 12/5/18, District 2 (one-judge decison; ineligible for publication); case activity W.A.B., a juvenile, was alleged to be delinquent for threatening her mother with a knife. She was found not competent to proceed, though, and so DSS filed a JIPS petition. See Wis. Stat… Read more
