State v. Phillip Kareen Green, 2015AP1126-CR, 4/26/16, District 1 (not recommended for publication); case activity (including briefs) Green argues that the evidence was insufficient to convict him of first degree reckless homicide because it didn’t prove he acted with utter disregard for human life. He also argues for a new trial in the interest of… Read more
10. Defenses
State v. James Elvin Lagrone, 2016 WI 26, 4/22/2016, affirming an unpublished court of appeals decision, majority opinion by Ziegler, dissent by A.W. Bradley (joined by Abrahamson); case activity (including briefs) Lagrone wasn’t told he had the right to testify during the second, mental responsibility phase of his NGI trial. He alleged in his postconviction… Read more
State v. Alina N. Caminiti, 2015AP122-CR, and State v. Matthew B. Caminiti, 2015AP123-CR, 4/6/2016, District 4 (not recommended for publication); case activity (including briefs). The Caminitis were members of a church in Black Earth whose leader (Matthew’s father) advocated “rod discipline”–the beating of infants and young children on the bare buttocks with wooden spoons or dowels… Read more
Question presented: Whether, under Ashe v. Swenson, 397 U.S. 436 (1970), and Yeager v. United States, 557 U.S. 110 (2009), a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the collateral estoppel prong of the Double Jeopardy Clause? Lower court opinion: U.S. v. Juan Bravo-Fernandez, 790 F.3d 41 (1st Cir. 2015)… Read more
State v. Corey R. Kucharski, 2013AP557-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs) The trial court correctly applied the elements of § 971.15, and the record supports the trial court’s finding that Kucharski failed to meet his burden of showing that he lacked mental responsibility when he killed his parents. Kucharski… Read more
State v. D. T., 2015AP1476, 3/1/2016, District 1 (one-judge opinion; ineligible for publication); case activity D.T. asserts he was ambushed when the juvenile court took judicial notice of his file and sua sponte called a witness before lifting the stay of his five-year sentence; the court of appeals affirms after finding different grounds to lift the stay. D.T. was… Read more
State v. Aman D. Singh, 2015AP850-CR, District 4, 1/7/16 (one-judge decision; ineligible for publication); case activity Singh, appealing pro se, seeks to reverse a twelve-year-old OWI-second conviction for which his sentence is long over. He had initially been found liable for a first offense; this forfeiture was reopened and dismissed, presumably after a prior out-of-state implied… Read more
State v. Keith D. McEvoy, 2015AP1262, District 4, 12/30/2015 (one-judge decision; ineligible for publication); case activity (including briefs) Under the facts of this case, the temporary suspension of McEvoy’s license based on his blood alcohol content didn’t equitably estop the State from seeking to revoke his license based on his refusal to submit to a chemical test of… Read more
