State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault Seaton was charged with third-degree… Read more
4. Character, 904.04
State v. Kenneth W. Hill, 2022AP1718-CR, 8/6/24, District III (recommended for publication); case activity The state appealed after the circuit court denied its motion seeking to admit Hill’s 1984 conviction from Minnesota for “criminal sexual conduct in the first degree” pursuant to Wis. Stat. § 904.04(2)(b)2. at his trials for two counts of first-degree sexual… Read more
State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs) After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis… Read more
State v. Morris V. Seaton, 2021AP1399-CR, certification granted 3/24/23; remanded, 2023 WI 69;District 2; case activity (including briefs) case activity (including briefs) Question presented (from the court of appeals’ certification): In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision… Read more
State v. Morris V. Seaton, 2021AP1399-CR, certification filed 2/8/23, certification granted, 3/24/23, remanded, 2023 WI 69;District 2; case activity (including briefs) Question presented (from the court of appeals’ certification): In light of the 2014 amendment of WIS. STAT. § 904.04(2)(b) (2019-20), codifying and expanding the “greater latitude” rule and the Wisconsin Supreme Court’s decision in… Read more
State v. Clinton D. Clucas, 2022AP965, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) This is a pretrial state’s appeal under Wis. Stat. § 974.05(1)(d)2.. The trial court excluded three of the four prior incidents the state proposed to offer as evidence in Clucas’s trial for disorderly conduct with the domestic… Read more
State v. Marty S. Madeiros, 2021AP405-CR, District 4, 10/27/22 (not recommended for publication); case activity (including briefs) Evidence of Madeiros’s prior hit-and-run conviction was admitted at his trial on OWI 5th, over his objection. This other-acts evidence was inadmissible because it wasn’t probative of any non-propensity purpose and the error in admitting the evidence wasn’t… Read more
State v. Sergio Moises Ochoa, 2022 WI App 35; case activity (including briefs) Ochoa, charged with two counts of first degree intentional homicide, claimed self defense. The court of appeals rejects his claims that the circuit court violated his right to present his defense by excluding certain evidence he wanted to present. The court also… Read more