State v. Martin P. O’Brien, State v. Kathleen M. O’Brien, and State v. Charles E. Butts, 2013 WI App 97; consolidated court of appeals decision; case activity: Martin O’Brien; Kathleen O’Brien; Charles Butts. ¶1 The newly enacted Wis. Stat. § 970.038 (2011-12) makes hearsay evidence admissible at a criminal defendant’s preliminary examination and permits the probable cause determination… Read more
Published 2013
State v. Robert J. Betters, 2013 WI App 85; case activity When sentencing of Betters for child sexual assault, the judge stated that “every child is a gift from God,” and indicated Betters’s conduct toward the victims was “an abomination in the sight of God and in the sight of man, and … totally unacceptable.”… Read more
State v. Aaron L. Wood, 2013 WI App 88; case activity The state did not breach the plea agreement where the prosecutor, after making the agreed-upon recommendation, expressed alarm and concern at what he discovered in the PSI after the plea agreement was made and referred in his sentencing argument to the negative portions of the… Read more
State v. Keith M. Bohannon, 2013 WI App 87; case activity Substitution of judge; “new” judge under § 971.20(5) When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new”… Read more
State v. London Mack Stewart, 2013 WI App 86; case activity Stewart was convicted of reckless injury, reckless endangerment, and felon in possession after he shot at and injured a police officer executing a warrant at a home where Stewart was staying. (¶2). Under the plea agreement the state agreed to recommend a “global” 25-year sentence… Read more
Amy W. v. David G., 2013 WI App 83; case activity David G.’s parental rights were terminated in a proceeding commenced by the child’s mother. He filed a timely notice of intent to pursue postdisposition relief, but his appointed appellate counsel failed to file a notice of appeal before the deadline. (¶3). That deadline cannot be… Read more
State v. Ervin Thomas, 2013 WI App 78; case activity The trial court properly calculated the 180-day speedy trial time limit from the prosecutor’s actual receipt of Thomas’s demand for disposition, and not from the receipt of the demand three days earlier by the county courthouse’s “Information Management Services Distribution” [sic] office. Under § 976.05(3)(a) and State v… Read more
Ronald J.R. v. Alexis L.A., 2013 WI App 79; case activity This is an appeal from a partial summary judgment decision finding grounds to terminate Alexis L.A.’s parental rights. The father, Ronald J.R., sought termination on two grounds and won summary judgment on the first one. The parties then stipulated that Ronald would withdraw the second… Read more
