State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply Interrogation – Ambiguous Request for Counsel Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated… Read more
Published 2010
State v. Dionicia M., 2010 WI App 134; for Dionicia M.: Andrew Hinkel, SPD Madison Appellate Recorded Confessions The juvenile was in custody when she was directed to the locked back seat of a patrol car so that she could be transported back to school after being reported truant; and, because it was feasible under… Read more
State v. Jacquese Franklin Harrell, 2010 WI App 132; for Harrell: Michael S. Holzman; BiC; Resp.; Reply Terry Frisk – House The police had both reasonable suspicion that Harrell had committed a violent crime, and consent to be in his house to question him. Therefore, police inspection of a chair for possible weapons before allowing… Read more
State v. Christopher D. Jones, 2010 WI App 133; for Jones: Amelia L. Bizzaro; for Amicus, Innocence Network: Jerome F. Buting; BiC; Resp.; Reply; Amicus Br. Evidence – Daubert – Bullet Traced to Particular Gun The court rejects “a blanket rule barring as a matter of course all testimony purporting to tie cartridge cases and… Read more
State v. Walter Allison, Jr., 2010 WI App 103; for Allison: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply Summary judgment in favor of discharge isn’t an available option under § 980.09. ¶18 Applying the principles governing statutory interpretation to Wis. Stat. § 980.09, it is clear that the legislature explicitly prescribed a different procedure from those… Read more
State ex rel. Titus Henderson v. Raemisch, 2010 WI App 114; pro se; Resp. Br. Partial dismissal of a prisoner lawsuit doesn’t counts as a “strike” within the meaning of the § 801.02(7)(d) “three-strike” provision of the Wisconsin Prisoner Litigation Reform Act. The PLRA regulates “prisoner” lawsuits. Typically, these relate to conditions of confinement, something the SPD doesn’t provide representation for… Read more
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read more
State v. Donald L. Schultz, 2010 WI App 124 (decision originally issued 7/20/10, subsequently withdrawn; reissued 8/17/10); for Schultz: Margaret A. Maroney, Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply Venue – Instruction ¶12 Although venue is not an element of a crime, it nonetheless must be proved beyond a reasonable doubt. State v… Read more
