State v. Sergio Moises Ochoa, 2022 WI App 35; case activity (including briefs) Ochoa, charged with two counts of first degree intentional homicide, claimed self defense. The court of appeals rejects his claims that the circuit court violated his right to present his defense by excluding certain evidence he wanted to present. The court also… Read more
B. Published opinions
State ex rel. DeLorean Bryson v. Kevin Carr, 2022 WI App 34; case activity (including briefs) A few months ago the court of appeals decided Ortiz v. Carr, holding (with a number of important caveats) that DOC may not take a greater percentage of an inmate’s wages for restitution than the circuit court has ordered–if… Read more
State v. Gerald P. Mitchell, 2022 WI App 31; case activity (including briefs) Mitchell v. Wisconsin, 139 S.Ct. 2525 (2019), held that when police have probable cause to believe a driver has committed a drunk driving offense and the driver is unconscious or stupefied to a point that requires hospitalization and precludes a breath test… Read more
State C. Catti J. Meisenhelder, 2022 WI App 37; case activity (including briefs) Meisenhelder was busted for shoplifting mouthwash and eyeliner at a Walmart. When police searched her purse they spotted a keychain that had a small, purple vial attached to it. They looked inside, found what looked like meth, and arrested her. She moved… Read more
Outagamie County v. C.J.A., 2022 WI App 36; case activity On April 12th the court of appeals issued an opinion holding that due process does not require a county to give particularized notice of the standard of dangerousness that a person will satisfy if treatment is withdrawn. It also found that special verdict given to… Read more
On May 25, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Joseph M. Marks, 2022 WI App 20 (merging of separate audio track onto recording of child’s audiovisual statement didn’t make the statement inadmissible under § 908.08(3)) State v. Antonio Darnell Mays, 2022 WI App 24 (reckless… Read more
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
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
