State v. Richard L. Wesley, 2009 WI App 118, PFR filed 8/4/09 For Wesley: Alvin Ugent Issue/Holding: ¶24 Here, as we said, Wesley claims that he understood the term “dismissed outright” to mean that the State could never use the underlying facts against him. He claims that his trial counsel was ineffective for failing to object… Read more
Published 2009
State v. Mark T. Jahnke, 2009 WI App 4 For Jahnke: Harold L. Harlowe; Michael J. Herbert Issue/Holding: Secretly videotaping another without consent, though that person knowingly exposes herself nude to the video taper, supports criminal liability: ¶6 Jahnke contends that the facts do not support the third element, the expectation of privacy element. He reasons… Read more
State v. Mark T. Jahnke, 2009 WI App 4 For Jahnke: Harold L. Harlowe; Michael J. Herbert Issue/Holding: ¶5 Jahnke entered a plea to the recording crime defined in Wis. Stat. § 942.09(2)(am)1. That crime has four elements: (1) the defendant recorded a person in the nude;(2) the recording is without the nude person’s knowledge and… Read more
State v. James D. Lammers, 2009 WI App 136, PFR filed 9/16/09 For Lammers: Amelia L. Bizzaro Issue/Holding: ¶12 “Plain error” means a clear or obvious error, one that likely deprived the defendant of a basic constitutional right. State v. Frank, 2002 WI App 31, ¶25, 250 Wis. 2d 95, 640 N.W.2d 198 (Ct. App… Read more
State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 For Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: Unpreserved challenge to sexual assault nurse examiner’s testimony (that abrasions were consistent with forcible intercourse and that no complainant had ever provided her with an inaccurate history) didn’t rise to plain error: ¶12 As… Read more
State v. Jeremy Denton, 2009 WI App 78 / State v. Aubrey W. Dahl, 2009 WI App 78 For Denton: Paul G. Bonneson For Dahl: Patrick M. Donnelly Issue/Holding: Foundational requirement of probative value applies to computer-generated animation used as demonstrative exhibit to recreate crime scene: ¶17 Turning to probative value, we examine the State’s… Read more
State v. Pablo G. Quiroz, 2009 WI App 120 For Quiroz: Glen B. Kulkoski Issue/Holding: ¶18 Law and Discussion: It is well established that evidence of flight has probative value as to guilt. See State v. Knighten, 212 Wis. 2d 833, 838-39, 569 N.W.2d 770 (Ct. App. 1997). Analytically, flight is an admission by conduct… Read more
State v. Pablo G. Quiroz, 2009 WI App 120 For Quiroz: Glen B. Kulkoski Issue/Holding: ¶21 Quiroz claims that under Miller, 231 Wis. 2d at 574, there is an automatic exception to the trial court’s discretionary ability to admit flight evidence whenever a defendant has an independent reason for flight that, if admitted, would unduly prejudice… Read more
