Review of a summary disposition, case activity Issues (lifted from the State’s PFR here) Did Wilson satisfy the opportunity requirement for presenting third-party-perpetrator evidence under State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984) with respect to Willie Friend? If the answer to the first question is “yes,” was the error… Read more
13. Due Process
State v. Raynard Rashawn Jackson, 2012AP1854, 2012AP1861, and 2012AP1862, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity: 2012AP1854; 2012AP1861; 2012AP1862 Jackson was alleged to have been involved in a shooting, and as part of their investigation the police constructed a photo array to show to three eyewitnesses, all of whom… Read more
State v. Michael E. Mauermann, 2012AP2568-CR, District 4, 7/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Iowa County Ordinance § 600.08 provides that “[n]o person shall operate a motor vehicle so as to make any loud, disturbing or unnecessary noise in or about any public street, alley, park or private residence which may… Read more
State v. Deontaye Terrel Lusk, 2012AP587-CR, 2012AP588-CR, 2012AP589-CR, & 2012AP590-CR, District 1, 7/16/13; court of appeals decision (not recommended for publication); case activity: 2012AP587-CR; 2012AP588-CR; 2012AP589-CR; 2012AP590-CR Joinder Lusk was charged in four cases with crimes arising from five armed robberies and one attempted armed robbery that occurred in April, May, June, and July, 2009. In two of the robberies the… Read more
State v. Alexander, 2013 WI 70, affirming an unpublished court of appeals decision, 2011AP394-CR; case activity; majority opinion by Justice Gableman; concurrences by Justice Crooks (joined by Chief Justice Abrahmason and Justice Bradley), Justice Ziegler, and separately by Chief Justice Abrahamson. This decision is alarming. During Alexander’s 1st-degree intentional homicide trial, concerns surfaced about whether… Read more
State v. Neumann, 2011AP1044 and 2011AP1105, on certification from the court of appeals; case activity; majority opinion by C.J. Abrahamson. In a 94-page decision, including a lone dissent by Justice Prosser, the Supreme Court of Wisconsin has affirmed the 2nd degree reckless homicide convictions of Dale and Leilani Neumann for the death of their 11-year… Read more
Linda Metrish, Warden v. Burt Lancaster, USSC 12-547, 5/20/13 United States Supreme Court decision, reversing Lancaster v. Metrish, 683 F.3d 740 (6th Cir. 2012) In a unanimous opinion issued only a month after oral argument, the Supreme Court holds that a state prisoner is not entitled to federal habeas relief based on the retroactive application… Read more
State v. Michael Lock, 2013 WI App 80; case activity Multiplicity — conviction for conspiracy and for completed crime under § 939.72(2) Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes… Read more
