On August 29, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Arthur Allen Freiboth, 2018 WI App 46 (judge doesn’t have to inform defendant during plea colloquy about mandatory DNA surcharge) State v. Terrance Lavone Egerson, 2018 WI App 49 (“let me represent myself” wasn’t an… Read more
B. Published opinions
On September 26, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Norris W. Culver, Sr., 2018 WI App 55 (rejecting constitutional challenges to §§ 942.09 and 941.29) State v. Christopher A. Mason, 2018 WI App 57 (identify theft doesn’t require some extra act of “representing” in… Read more
State v. Norris W. Culver, 2018 WI App 55; case activity (including briefs) Wisconsin Stat. § 942.09(3m)(a)2. prohibits a person from posting or publishing “private representations” without the consent of the person depicted in the representation. The court of appeals rejects Culver’s claim that the statute is void because it’s overbroad and vague. The court also… Read more
State v. Ronald Lee Baric, 2018 WI App 63; case activity (including briefs) Police failed to read Baric his Miranda rights, but the court of appeals still found that he consented to a search of his computer. It also resolved a 4th Amendment issue of first impression for Wisconsin: a person has no reasonable expectation of… Read more
State v. Sammy Joseph Hadaway, 2018 WI App 59; case activity (including briefs) Hadaway pleaded guilty to an armed robbery more than 20 years ago. Based, in part, on Hadaway’s testimony, his purported accomplice, Ott, was tried and convicted of first-degree intentional homicide–the victim of the crime was sexually assaulted and murdered. But not by Ott… Read more
State v. Christopher A. Mason, 2018 WI App 57; case activity (including briefs) Applying its newly minted decision in State v. Stewart, 2018 WI App 41, the court of appeals holds that the “representing” element of identity theft under § 943.201 can be proven with the same evidence that proves the defendant “used” the identifying… Read more
On July 25, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Theoris Raphel Stewart, 2018 WI App 41 (identity theft statute, § 943.203, applied to defendant’s forgery of documents he submitted at sentencing hearing) Drazen Markovic v. Jon E. Litscher, 2018 WI App 44 (DOC may… Read more
State v. Arthur Allen Freiboth, 2018 WI App 46; case activity (including briefs) In light of the Wisconsin Supreme Court’s May 2018 decisions in State v. Muldrow, 2018 WI 52, 381 Wis. 2d 492, 912 N.W.2d 74, and State v. Williams, 2018 WI 59, 381 Wis. 2d 661, 912 N.W.2d 373, the court of appeals now… Read more
