City of Sheboygan v. Steven Nytsch, 2006 WI App 191, PFR filed 9/11/06 For Nytsch: Chad A. Lanning Issue: Whether a prior judicial review of a driver’s license suspension, overturning the administrative suspension, had a preclusive effect on the issue of probable cause to arrest for drunk driving in the subsequent prosecution for that offense. Holding: ¶11… Read more
Published 2006
State v. Alvin M. Moore, 2006 WI App 61, PFR filed 3/21/06 For Moore: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶15 Charges are multiplicitous if they charge a single criminal offense in more than one count. State v. Grayson, 172 Wis. 2d 156, 159, 493 N.W.2d 23 (1992). Claims of multiplicity are analyzed using a two-prong test… Read more
State v. Jose M. Jaimes, 2006 WI App 93, PFR filed 5/11/06 For Jaimes: Joseph L. Sommers Issue/Holding: Retrial is ordinarily not barred when the defendant successfully requests mistrial, except where prosecutorial overreaching, comprised of the following elements, has been shown: the prosecutor’s has “ a culpable state of mind in the nature of an awareness that… Read more
State v. Jose M. Jaimes, 2006 WI App 93, PFR filed 5/11/06 For Jaimes: Joseph L. Sommers Issue/Holding: ¶11 Next, Jaimes argues that the prosecutor’s responsibility to avoid provoking a mistrial must extend to the law enforcement officers who testify at trial …. In effect, Jaimes argues that the officer’s testimony must be imputed to the… Read more
State v. Otis G. Mattox, 2006 WI App 110 For Mattox: Scott D. Obernberger Issue: Whether grant of mistrial over objection, after defense counsel was held in contempt for supposedly violating a court order with respect to questioning a witness, was manifestly necessary so as to permit retrial. Holding: ¶19 As noted, the chief concerns of… Read more
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Failure to move for mistrial waives objection to closing argument, ¶28, citing State v. Dale H. Davidson, 2000 WI 91, ¶86, 236 Wis… Read more
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 (prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Failure to disclose evidence that a prosecution witness had falsely implicated Rockette in another homicide did not violate Brady, because it would not have had an impact on the… Read more
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Excluding evidence that in other, unrelated instances a witness had lied to the police in an attempt to curry favor in his own criminal cases did violate Rockette’s… Read more
