State v. Jesus C. Villarreal, 2013 WI App 33; case activity Trial counsel was ineffective because he had an actual conflict of interest arising from his dual representation of both Villareal and a defense witness who had testified at Villarreal’s first trial (which ended in a hung jury ) and who, before the second trial… Read more
Published 2013
Conflict of interest – dual representation of defendant and a defense witness facing perjury charges
State v. Derik J. Wantland, 2013 WI App 36, petition for review granted 11/21/13; case activity It was not unreasonable for the police to search a briefcase found in a vehicle during a traffic stop after the driver consented to a search of the car and the passenger did not unequivocally assert ownership of the… Read more
State v. Scott B. Bohlinger, 2013 WI App 39; case activity Bohlinger made a prima facie showing that two prior OWI convictions were invalid because he did not knowingly and intelligently waive the right to counsel due to his limited cognitive capabilities. The circuit court concluded he had not made such a showing because he did… Read more
State v. Wyatt D. Henning, 2013 WI App 15; case activity The crime of attempted possession of a firearm by a felon is recognized in Wisconsin, distinguishing State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998): ¶14 Turning to the particular language of the felon in possession of a firearm statute, and… Read more
State v. Jacob Turner, 2013 WI App 23; case activity Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the… Read more
State v. Verhagen, State v. Nickles, State v. Van Asten, and State v. Bell, 2013 WI App 16; consolidated court of appeals decision; case activity: Verhagen; Nickles; Van Asten; and Bell OWI – Use of first offense to enhance penalty In a prosecution for a second or subsequent OWI offense, New Jersey v. Apprendi, 530 U.S. 466 (2000)… Read more
State v. Jonathan A. Herr, 2013 WI App 37; case activity In a case arising from a high-speed chase and subsequent arrest for OWI, the court holds that the use of unreasonable force to arrest the defendant does not require the suppression of evidence that was not a product of, or causally related to, the… Read more
State v. Edward C. Lefler, 2013 WI App 22; case activity Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving: ¶11 … “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its… Read more
