County of Fond du Lac v. Jeffrey K. Krueger, 2014AP1494, District 2, 12/30/14 (1-judge decision; ineligible for publication); case activity Krueger was stopped by an officer who said Krueger drove his car over the center line. Krueger disputed that and moved to suppress. At the suppression hearing the officer testified and the video from his squad car camera was played… Read more
K. Standards of Review
State v. John D. Harris, 2014AP1292-CR, District 1, 12/23/14 (1-judge decision; ineligible for publication); case activity Harris isn’t entitled to a new trial based on alleged errors in the jury instruction for disorderly conduct, and the evidence is sufficient to support the guilty verdicts for that charge and a charge of battery. Harris was charged… Read more
Court of appeals request for certification granted; case activity Issue (per court of appeals certification) Whether, under the circumstances of this case, a suffiency of the evidence challenge requires an appellate court to measure the evidence against the instructions the jury received, as the court did in State v. Wulff, 207 Wis. 2d 143, 557 N.W.2d 813… Read more
Outagamie v. Michael H., 2014 WI 127, 12/16/14, affirming an unpublished court of appeals decision, majority opinion by Justice Crooks; case activity Section 51.20(1)(a)2.a authorizes the involuntary commitment of a person who is “dangerous,” a test that may be met by showing recent threats of, or attempts at, suicide. This unanimous decision holds that in… Read more
State v. Michael C. Hess, 2014AP268-CR, District 3, 11/11/14 (not recommended for publication); case activity While the trial evidence was sufficient to support the jury’s verdict that Hess possessed methamphetamine, Hess is entitled to a new trial in the interest of justice because the verdict may have been influenced by evidence offered to proved drugged-driving charges that were… Read more
Court of appeals certification request, certification granted 12/18/14, affirmed, 2015 WI 75; case activity Issue Presented (from Certification) We certify this case to the supreme court because we are uncertain which of two decisions is controlling: State v. Wulff, 207 Wis. 2d 143, 557 N.W.2d 813 (1997), or State v. Beamon, 2013 WI 47, 347 Wis. 2d 559… Read more
State v. Adam J. Gajeski, 2014AP612-CR, District 3, 10/7/14 (1-judge; ineligible for publication); case activity The evidence was sufficient to support the guilty verdict on a theft charge because the jury could have reasonably inferred Gajeski intended to permanently deprive the owner of the property at the time he took the property. After an altercation… Read more
State v. Landris T. Jines, 2014AP132, District 1, 9/30/14 (not recommended for publication); case activity The recantations of Bartee, the victim, and Griffin, another state’s witness, don’t satisfy the newly-discovered evidence test because they are not sufficiently corroborated. Nor is there a reasonable probability a different result would be reached in a new trial with the recantation evidence… Read more
