State v. Brian Hibl, 2006 WI 52, reversing 2005 WI App 228 For Hibl: Joel H. Rosenthal Issue: Whether an identification resulting from an “accidental” encounter between witness and defendant in a courthouse hallway immediately before trial is suppressible, in the absence of any evidence that this incident involved a law enforcement procedure directed at obtaining an identification… Read more
D. Identification procedure
State v. Tyrone L. Dubose, 2005 WI 126 For Dubose: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the test for admissibility of a pretrial showup should be changed. (“A ‘showup’ is an out-of-court pretrial identification procedure in which a suspect is presented singly to a witness for identification purposes.” ¶1, n. 1, quoting State v. Wolverton, 193… Read more
State v. Johnnie Carprue, 2004 WI 111, reversing 2003 WI App 148 For Carprue: Stephanie G. Rapkin Issue/Holding: ¶58. Carprue contends that he was denied his due process right to a fair trial because Judge Schellinger was not impartial. His evidence consists of the judge’s actions in calling and questioning Morrow and in questioning Carprue.¶59. “A fair… Read more
