Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had… Read more
B. Non-statutory defenses
State v. William Thomas Hudson, III, 2010AP1598-CR, District 4, 9/13/12 court of appeals decision (not recommended for publication); case activity ¶9 “The concept of outrageous governmental conduct originates from the Due Process Clause of the Fifth Amendment.” [State v. Givens, 217 Wis. 2d 180, 188, 580 N.W.2d 340 (Ct. App. 1998).] Outrageous governmental conduct may arise where… Read more
State v. Shannon J. Perronne, 2011AP1731-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Perrone: Casey J. Hoff; case activity When the principal State’s witness failed to appear at a suppression hearing, the trial court ordered suppression and dismissed the charge. The State then refiled the complaint and the trial court… Read more
State v. Jermaine Kennard Young, 2010AP2959-CR, District 1, 3/6/12 court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity Reasonable suspicion existed to justify investigative stop of Young, based on a tip from confidential informant that someone matching Young’s description would be at a specified time and place to sell… Read more
State v. Michael A. Imbruglia, 2011AP1373-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); for Imbruglia: Rick Ramirez; case activity In circuit court, Imbruglia successfully challenged use of a Colorado conviction as an OWI enhancer (on the ground that statute isn’t “substantially similar” to Wisconsin’s). However, after another OWI arrest the very next day… Read more
State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court… Read more
State v. James M. Drown, 2011 WI App 53; for Drown: Shelley Fite, SPD, Madison Appellate; case activity As a matter of law, equitable estoppel doesn’t bar prosecution of a crime. After pleading guilty to Shawano County charges related to an abduction and assault, Drown was charged in Oconto based on the same incident. The… Read more
State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp. Ineffective Assistance Claim – Necessity of Motion Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19. Entrapment – Child Sex Crime with Computer… Read more
