State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim. The 2nd element requires that the defendant know that his vehicle was… Read more
B. Published opinions
State v. Ali Mursal, 2013 WI App 125; case activity Before accepting a defendant’s guilty or no contest plea the court is required to advise the defendant there may be immigration consequences. Wis. Stat. § 971.08(1)(c). While that statute prescribes a text for the required warning—complete with quotation marks—the court of appeals holds in this… Read more
State v. James C. Hudson, 2013 WI App 120; case activity Hudson’s untrue statements to persons to get them to invest in his country music career provided a factual basis for his plea to two violations of ch. 551’s prohibition against making untrue statements of material fact in connection with the sale of a “security”… Read more
State v. Raphfael Lyfold Myrick, 2013 WI App 123; case activity Wow! District 1 is really on a roll. Twice in less than one week they’ve reversed a conviction for first-degree murder. Last Friday it was State v. Wilson, 2011AP1803, a summary reversal and hence not summarized by On Point. Wednesday, it was State v. Myrick… Read more
State v. Amos L. Small, 2013 WI App 117; case activity Right to a public trial The circuit court appropriately excluded a person from the courtroom under State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, after the prosecutor asserted the had threatened a state’s witness after her testimony. (¶9). While Small’s… Read more
State v. Kenneth C. House, 2013 WI App 111; case activity House was stopped for operating with a suspended registration. After running House’s license and learning he was on probation for a drug offense, the officer returned House’s license and issued him a warning for the suspended registration. The officer then retrieved his police dog… Read more
State v. Myron C. Dillard, 2013 WI App 108, petition for review granted, 2/19/14, affirmed, 2014 WI 123; case activity Dillard accepted a plea bargain under which a persistent repeater allegation was dismissed, thus apparently reducing his maximum penalty exposure by avoiding a mandatory life sentence without prospect of release. But Dillard was not really… Read more
State v. Langston C. Austin, 2013 WI App 96; case activity In this important case the court of appeals holds that the pattern jury instruction for self-defense in cases involving reckless or negligent crimes does not properly apprise the jury that the state has the burden to prove the defendant did not act in self-defense… Read more
