State v. Vicente Paul Vento, 2012AP1763-CR, District 1, 5/21/13; court of appeals decision (not recommended for publication); case activity Invoking its discretionary reversal power, the court of appeals holds Vento is entitled to a new trial in the interests of justice on the issue of his mental responsibility under Wis. Stat. § 971.15 because the trial court… Read more
11. Defense Wins
Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background: Dane County filed a TPR petition against John L.-B. in… Read more
State v. Aaron S. Loos, 2012AP2154-CR, District 3, 5/14/13; court of appeals decision (1-judge, ineligible for publication); case activity Though Loos was convicted of one misdemeanor and one felony at the same time, the maximum one-year term of probation for the misdemeanor under § 973.09(2)(a)1r. could not be increased by one year under § 973.09(2)(b)2. That statute may be applied only… Read more
State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity ¶9 The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period… Read more
State v. Dyllon A. Maddix, 2013 WI App 64; case activity The warrantless search of an apartment by police who responded to a domestic disturbance call was not justified under the community caretaker doctrine: ¶37 …. Under the facts of this case, after the officers validly exercised the community caretaker function by entering… Read more
State v. Clayton W. Williams, 2013 WI App 74, petition for review granted 11/21/13; reversed, 2014 WI 64, 7/15/14; case activity Wisconsin Stat. § 346.65(2)(am)6. makes OWI 7th, 8th, or 9th a Class G felony, but also provides that “[t]he confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than… Read more
In the Matter of State v. Michael Buchanan: State ex rel. Office of State Public Defender v. Wis. Court of Appeals, District IV, 2013 WI 31, on review of petition for supervisory writ; case activity In an important decision for all lawyers who handle criminal cases in the state appellate courts, the supreme court affirms… Read more
State v. Muhammad Sarfraz, 2013 WI App 57, petition for review granted 9/17/13; case activity The circuit court erroneously excluded evidence of prior sexual activity between Sarfraz and I.N., the complainant. She alleged Sarfraz, wearing a mask and saying he was the landlord, knocked on the door of her apartment, came in when she opened… Read more
