State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
Published 2012
State v. Wayne P. Harris, 2012 wI App 79(recommended for publication); for Harris: Attorney Gary Grass; case activity We know that “[a] defendant has a due process right to be sentenced based on accurate information.” See State v. Tiepelman, 2006 WI 66, ¶9, 291 Wis. 2d 179, 717 N.W.2d 1 But what happens when the sentencing court relies… Read more
State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance… Read more
Karen Baker v. Department of Health Services, 2012 WI App 72 (recommended for publication); case activity Service, by Mail – Generally ¶3 n. 2: … In the absence of a statutory provision, the rule in Wisconsin is that service of notice by mail is not effective until the party receives it. Hotel Hay Corp. v. Milner Hotels… Read more
State v. Andre L. Miller, 2012 WI App 68 (recommended for publication); for Miller: Jeffrey J. Guerard; case activity Haseltine “Vouching” Rule The anti-vouching rule of State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984) (one witness may not comment on the credibility of another witness) isn’t applicable to a pre-trial interrogation during which… Read more
State v. Shawn M. Klingelhoets, 2012 WI App 55 (recommended for publication); for Klingelhoets: Robert R. Henak; case activity Intentionally Mistreating Animal, Resulting in Death, §§ 951.02 and 951.18(1) – Intent Element Intentionally mistreating an animal, resulting in the animal’s death, contrary to Wis. Stat. §§ 951.02 and 951.18(1), doesn’t require intent to kill: ¶17 In sum, the plain language of Wis… Read more
State v. Thomas M. Pocian, 2012 WI App 58 (recommended for publication); for Pocian: Martin E. Kohler, Craig S. Powell, Geoffrey R. Misfeldt; case activity ¶2 In 1986, Thomas M. Pocian was convicted of writing forged checks, a felony. Twenty-four years later, Pocian was prosecuted under Wis. Stat. § 941.29, which prohibits a felon from possessing a firearm. Relying on Heller and McDonald, Pocian… Read more
In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity Open Records / Public Access to Court Records – Treatment Records, Generally (Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release… Read more
