City of Waukesha v. James F. Murphy, 2010AP2499, District 1/2, 11/29/11 court of appeals decision (1-judge, not for publication); for Murphy: Leonard G. Adent; case activity The City obtained dismissal of a then-pending OWI-1st, after discovering that Murphy had an OWI-related conviction. (Per Walworth Cnty. v. Rohner, 108 Wis. 2d 713, 722, 324 N.W.2d 682… Read more
9. Crimes
State v. Jeffrey Steinhorst, 2011AP1360-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Steinhorst: Steven Cohen; case activity Steinhorst made a prima facie showing that he did not validly waive counsel in a prior OWI case; therefore, he is entitled to a hearing at which the State must prove proper waiver… Read more
court of appeals certification, affirmed 2012 WI 73; for Ziegler: Christopher William Rose; case activity Interfering with Custody, § 948.31(2) Issue certified: Whether the court of appeals’ prior interpretation of § 948.31(2) to require “initial permission” from the parent should be overruled, State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332. § 948.31(2) addresses “[w]hoever… Read more
City of Mequon v. Michael R. Wilt, 2011AP931, District 2, 11/9/11 court of appeals decision (1-judge, not for publication); for Wilt: Walter Arthur Piel, Jr.; case activity Because the trial court in this bench trial did not rely on the breath test result in finding Wilt guilty of OWI, therefore his argument that the PBT result was… Read more
Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11 seventh circuit decision, denying habeas relief on review of 2006AP1633-CR The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t… Read more
State v. Thomas C. Niesen, 2010AP1864-CR, District 2, 10/5/11 court of appeals decision (not recommended for publication); for Niesen: James A. Rebholz; case activity Evidence held sufficient to sustain conviction § 940.01(1), court rejecting argument that State failed to prove that Niesen inflicted the fatal knife wound. (Niesen made certain damaging admissions; he met the… Read more
State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same child by acts of sexual intercourse, the case was in effect tried under § 948.025(1)(ar) ,which requires acts of sexual… Read more
State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23 In this case, the trial court… Read more
