State v. Robert L. Brinson, 2010AP001819-CR, District 1, 5/10/11 court of appeals decision (3-judge, not recommended for publication); for Brinson: Paul Bugenhagen, Jr.; case activity Cautionary instruction cured any potential prejudice from revelation of prior record. ¶16 We disagree. The trial court instructed the jury several times that it could not consider Brinson’s possible status as a probationer or parolee, or the… Read more
8. Counsel, 6th Am.
State v. Calvin Jerome Pirtle, 2011 WI App 89(recommended for publication); for Pirtle: Christopher J. Cherella; case activity Consent to Search – Georgia v. Randolph Pirtle’s failure to object to the police presence allowed them to act on the co-tenant’s consent to a warrantless search under Georgia v. Randolph, 547 U.S. 103 (2006): ¶15 In… Read more
State v. Shantell T. Harbor, 2011 WI 28, affirming unpublished decision; for Harbor: Joseph E. Redding; case activity Sentence Modification – New Factor The “new factor” test for sentence modification has split into “two divergent lines of cases”: Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975) (fact(s) highly relevant to, but not brought out at, sentencing… Read more
State v. Marvin L. Beauchamp, 2011 WI 27, affirming 2010 WI App 42; for Beauchamp: Craig S. Powell; case activity Confrontation – Dying Declaration, § 908.045(3) ¶34 We therefore, like every state court that has considered the dying declaration exception since Crawford, take a position consistent with the language of Crawford and Giles and decline… Read more
State v. Brad E. Forbush, 2011 WI 25, reversing 2010 WI App 11; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee; amicus: Colleen D. Ball, SPD, Milwaukee Appellate; case activity Forbush’s 6th amendment right to counsel had already attached – because a criminal complaint had been filed – and he had retained counsel before officers began interrogating him on… 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
State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11 court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off. ¶13 Specifically… Read more
State v. George McGee, 2010AP3040-CR, District 3, 4/26/11 court of appeals decision (1-judge, not for publication); for McGee: Steven G. Richards; case activity McGee’s collateral attack on a prior OWI conviction used to enhance his present sentence is necessarily limited to denial of the constitutional right to counsel, ¶5. Although McGee represented himself in the challenged prior… Read more
