State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply Interrogation – Ambiguous Request for Counsel Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated… Read more
3. Prejudice, 904.03
court of appeals decision (3-judge, not recommended for publication); for Oswald: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply Evidence – Consciousness of Guilt Testimony from the Oswald’s parole agent, that Oswald missed an appointment shortly after the incident in question and that he seemed nervous when they later met, was relevant as “consciousness of… Read more
State v. Pablo G. Quiroz, 2009 WI App 120 For Quiroz: Glen B. Kulkoski Issue/Holding: ¶21 Quiroz claims that under Miller, 231 Wis. 2d at 574, there is an automatic exception to the trial court’s discretionary ability to admit flight evidence whenever a defendant has an independent reason for flight that, if admitted, would unduly prejudice… Read more
State v. Michael A. Sveum, 2009 WI App 81, affirmed on other grds., 2010 WI 92 For Sveum: Robert J. Kaiser, Jr. Issue/Holding: ¶43 Sveum was convicted of aggravated stalking based on his 1996 stalking conviction. Proof of this particular aggravated stalking crime requires proof of a previous conviction for a violent crime or a stalking crime… Read more
State v. Jeremy Denton, 2009 WI App 78 / State v. Aubrey W. Dahl, 2009 WI App 78 For Denton: Paul G. Bonneson For Dahl: Patrick M. Donnelly Issue/Holding: ¶11 The State submits that the computer-generated animation was intended as a demonstrative exhibit. The decision to admit or exclude demonstrative evidence is committed to the trial… Read more
State v. Eric D. Cooks, 2006 WI App 262 For Cooks: Joseph E. Redding Issue/Holding: Failure to object to a witness’s reference to having known the defendant from jail was not deficient performance, because this evidence was admissible anyway: ¶47 Furthermore, Cooks’ ineffective assistance of counsel claim is premised on a correct trial court ruling and… Read more
State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: ¶23 Here, the offered evidence (testimony of forced fellatio, performed by a five-year-old child victim, followed by urination in the victim’s mouth) undoubtedly aroused the jury’s “sense of horror” and “provoke[d] its instinct to punish.” See Sullivan, 216 Wis. 2d at 789-90. Revulsion… Read more
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding1: Evidence of the driver’s marijuana use just before the accident resulting in the charged homicide by negligent use of vehicle was relevant and admissible: ¶48 Although the toxicology expert could not tie the level of THC detected in… Read more
