State v. Keith M. Bohannon, 2013 WI App 87; case activity Substitution of judge; “new” judge under § 971.20(5) When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new”… Read more
K. Standards of Review
State v. Christina V., 2013AP405-FT, District 3, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity The evidence was sufficient to support the trial court’s order adjudicating Christina delinquent of disorderly conduct despite the judge’s comments that what happened in the case was “somewhat of a guess” and that his conclusions were “[m]y… Read more
Polk County v. Norman S., 2012AP2801, District 3, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity. Given the court of appeals’s highly deferential standard of review for jury verdicts, it doesn’t throw them out very often. In this case, it did. A jury found by clear and convincing evidence that Norman… Read more
State v. Brian L. Jackson, 2012AP1008-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity Sufficiency of the evidence In a necessarily fact-specific discussion (¶¶4-5, 10-12), the court of appeals holds there was sufficient evidence to support Jackson’s conviction for being a felon in possession of a firearm despite the existence… Read more
State v. Desmond Dejuan Laster, 2012AP1739-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity The trial court did not erroneously exercise its discretion in making two evidentiary rulings or in denying Laster’s motion for a mistrial. On the first evidentiary ruling, the court of appeals holds the trial court properly… Read more
State v. Nicholas M. Gimino, 2012AP1498-CR, District II/IV, 3/7/13 (unpublished); case activity. While this decision is not recommended for publication, it highlights a very touchy subject–when does conduct many parents engage in rise to the level of physical abuse of a child? The answer may surprise you. Here’s what happened. Gimino took his 2-year-old daughter for a… Read more
Wood County v. Zebulon K., 2011AP2387, and Wood County v. Forest K., 2011AP2394, District 4, 2/7/13; court of appeals decision (1-judge, ineligible for publication); case activity: Zebulon K.; Forest K. The evidence was not sufficient to prove that Zebulon and Forest need to be protectively placed. Though Zebulon and Forest are developmentally disabled, the evidence does… Read more
State v. William G. Bennett, 2012AP1757-CR, District 2, 1/30/13; court of appeals decision (1-judge; ineligible for publication); case activity Evidence that Bennett sent a lewd and obscene letter to a person was sufficient to support conviction for disorderly conduct because the content of the letter placed it beyond a mere “personal annoyance” to the victim… Read more