State v. Romey J. Hodges, 2012AP1330, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied Hodges’s § 974.06 motion alleging that trial counsel was ineffective for failing to investigate, and properly advise Hodges regarding, a self defense claim. Based on the record Hodges has not shown… Read more
A. Statutory defenses
Review of unpublished court of appeals decision; case activity Issues (from the Petition for Review): 1. Where a defendant has entered a plea of not guilty by reason of mental disease or defect, may a court summarily refuse to hold a jury trial on the defense if it determines that the defendant will not present… Read more
Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether the jury instructions on self defense as it pertained to second degree reckless homicide fairly and adequately explained the defense to the jury. 2. Whether trial court erroneously excluded evidence of the victim’s reputation for violence. Petitions for review aren’t… Read more
Smith v. U.S., USSC 11-8976, 1/9/13 United States Supreme Court decision, affirming United States v.Moore, 651 F.3d 30 (D.C. Cir. 2011) Conspiracy – burden of proof on defendant’s claim of withdrawal Petitioner’s claim lies at the intersection of a withdrawal defense and a statute-of-limitations defense. He asserts that once he presented evidence that he ended his… Read more
State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a) – Test for Admissibility The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide: ¶9 When applying the some evidence… Read more
on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment Issues (Composed by On Point): 1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1). 2… Read more
court of appeals certification, review granted, 6/13/12; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment Convicted of reckless homicide, § 940.06(1), in the death of their daughter for failing to obtain medical treatment, the Neumanns raise various issues relating to… Read more
State v. Clarence E. Brown, 2011AP2049-CR, District 1, 4/17/12 court of appeals decision (1-judge, not for publication); for Brown: Daniel R. Drigot; case activity Carrying Concealed Weapon, § 941.23 (2009-10) – Facially Constitutional The court upholds the constitutionality of the prior version of § 941.23, CCW, as not violating the right to bear arms (since-modified, to allow conceal-carry… Read more
