State v. Mark T. Solheim, 2024AP239, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity In its decision reversing the circuit court’s order suppressing evidence obtained pursuant to a warrant for a blood draw, the Court of Appeals reminds that Franks and its Wisconsin counterpart Anderson require defendants challenging the veracity of an affidavit… Read more
3. Burden of proof
State v. Gregory Tyson Below, 2014AP2614-2616-CR, 1/12,16, District 1 (not recommended for publication); case activity, including briefs This was a high profile case in Milwaukee. Below was convicted of 29 charges of kidnapping, strangulation and suffocation, sexual assault, battery, reckless injury and solicitation of prostitutes. He appealed and asserted 4 claims for a new trial… Read more
State v. Gregory M. Sahs, 2013 WI 51, on review of unpublished court of appeals decision; case activity Sahs, on probation for child pornography, admitted to his probation agent that he again possessed child pornography. He was charged based on evidence seized as a result of his admission. He sought to suppress the evidence, claiming… Read more
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: ¶38 The parties have not provided, and we have not discovered, any case that addresses the burden of proof in a factual context similar to this—where the defendant asserts he previously invoked his right to counsel as a basis for… Read more
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: The State bears the burden of proof, by preponderance of evidence, of a valid waiver of Miranda rights, ¶27. ¶35 As we have stated above, it is the State’s burden to prove by a preponderance of the evidence that the defendant validly waived… Read more
State v. Joseph F. Jiles, 2003 WI 66, reversing unpublished decision of court of appeals For Jiles: Mark S. Rosen Issue/Holding: ¶35. We think it will be a rare case that the State is able to meet its burden of proof at a Miranda–Goodchild hearing by relying exclusively on an unsworn police report. ¶36. In this case, the State did… Read more
