State v. Clifford D. Bvocik, 2010 WI App 49; for Bvocik: James C. Murray Prosecutorial Misconduct – Closing Argument Improper prosecutorial closing argument—encouraging jury to draw false inference—requires new trial in interest of justice; State v. Robert H. Weiss, Jr., 2008 WI App 72, controlling: ¶1 State v. Weiss, 2008 WI App 72, ¶¶15-17, 312 Wis… Read more
Published 2010
State v. Jeffrey A.W., 2010 WI App 29; for Jeffrey A.W.: Hans P. Koesser Adequacy of Counsel Investigation Counsel’s attempt to demonstrate the absence of herpes in the defendant—an issue central to this sexual assault prosecution—was, although a failure, not the product of deficient performance. ¶12 There is no question that trial counsel’s investigation yielded… Read more
State v. Leneral Louis Williams, 2010 WI App 39; for Williams: Richard L. Zaffiro; Resp Br.; Reply Br. Seizure – Some Restraint Necessary ¶16 The Fourth Amendment is not implicated until there has been a seizure. The Court in Terry described a seizure as “whenever a police officer accosts an individual and restrains his [or her] freedom to walk… Read more
