State v. Joseph M. Marks, 2022 WI App 20; case activity (including briefs) Given the facts in this case, the court of appeals rejects the defendant’s claim that an audiovisual recording of a child’s statement was inadmissible under § 908.08 because investigators merged a separate audio file of the interview with the video to correct… Read more
B. Published opinions
On April 28, 2022, the court of appeals ordered publication of the following criminal law related decisions: Victor Ortiz, Jr. v. Kevin Carr, 2022 WI App 16 (limiting DOC authority to withhold prison wages for restitution) Nancy Kindschy v. Brian Aish, 2022 WI App 17 (affirming harassment injunction against abortion protestor) State v. Eric D… Read more
State v. Antonio Darnell Mays, 2022 WI App 24; case activity (including briefs) Mays was accused of forcing his way into an apartment with and firing a gun at at least one of its occupants. One occupant fired back; in the end, two people were dead. The state initially charged Mays with, among other things… Read more
State v. Hajji Y. McReynolds, 2022 WI App 25; case activity (including briefs) This decision addresses: 1) the propriety of successive postconviction motions; 2) a claim that trial counsel was ineffective for failing to object to testimony vouching for the credibility of another witness and to improper character evidence; and 3) the novel issue of… Read more
On March 30, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Shane Allan Stroik, 2022 WI App 11 (trial counsel was ineffective for failing to investigate witness’s prior false allegation). State v. Jere J. Meddaugh, 2022 WI App 12 (police lacked reasonable suspicion to stop bicyclist riding… Read more
State v. Eric D. Bourgeois, 2022 WI App 18; case activity (including briefs) Police went looking for Bourgeois at a hotel because he might have been in possession of stolen handgun, he had PTSD, and he had a drug problem. At 2:00 a.m., despite a “do not disturb” sign, 3 officers tried to enter his… Read more
Victor Ortiz, Jr. v. Kevin A. Carr, 2022 WI App 16; case activity (including briefs) Attorneys Jason Luczak and Jorge Fragoso of Gimbel, Reilly, Geurin & Brown generously took this case pro bono. And now Jorge offers this guest post on their defense win: Prison inmate (and hero to institutionalized persons) Victor Ortiz filed a… Read more
State v. Shane Allan Stroik, 2022 WI App 11; case activity (including briefs) A jury convicted Stroik of the sexual assault of a then-five-year old girl, “Amy,” the daughter of his girlfriend. Postconviction, Stroik brought a slew of claims for a new trial; the circuit court rejected them all. The court of appeals now holds… Read more
