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
a. McMorris evidence
State v. Juan J. Castillo, 2020AP983, 6/29/21, District 3 (not recommended for publication); case activity (including briefs) Castillo was tried for the alleged sexual assault of his five-year-old cousin when he was sixteen. He wished to call an expert to testify about the factors that can affect the reliability of a child’s allegations of assault… Read more
State v. Kyle Lee Monahan, 2014AP2187, petition for review of an unpublished COA decision granted 11/13/17; case activity (including briefs) The parties and the state agree that the circuit court erred in excluding Kyle Monahan’s proffered GPS evidence from his trial; the only dispute in this appeal is whether that error is harmless beyond a… Read more
State v. Shawn W. Forgue, 2016AP2414-CR, 5/11/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Forgue, convicted of misdemeanor battery and disorderly conduct, appealed the circuit court’s decision to exclude evidence of the victim’s prior violent conduct toward him (i.e. McMorris evidence) and her other bad acts. He also appealed an order setting… Read more
Evidence of victim’s violent character excluded; evidence of defendant’s other violent acts admitted
State v. Brian J. Anderson, 2013AP913-CR, District 1, 4/15/14 (not recommended for publication); case activity Anderson appealed his conviction for 1st-degree intentional homicide arguing that the trial court should have admitted evidence of his victim’s violent character under State v. McMorris and excluded “other acts” evidence under State v. Sullivan and § 904.04(2) and 904.03. The court of… Read more
State v. Curtis L. Jackson, 2014 WI 4, affirming an unpublished court of appeals decision; majority opinion by Justice Ziegler; Justice Bradley concurs; Chief Justice Abrahamson dissents; case activity In a decision that clarifies the rules regarding evidence of the victim’s character in cases involving self-defense, the supreme court holds that a defendant may present evidence… Read more
Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether the jury instructions on self defense as it pertained to second degree reckless homicide fairly and adequately explained the defense to the jury. 2. Whether trial court erroneously excluded evidence of the victim’s reputation for violence. Petitions for review aren’t… Read more
State v. Curtis L. Jackson, 2011AP2698-CR, District 1, 10/10/12; court of appeals decision (not recommended for publication), petition for review granted 2/11/13, affirmed, 2014 WI 4 (1/22/14); case activity Waiver (Lack of Objection), Generally – Jury Instructions ¶8 … To obtain relief based on a jury instruction to which no objection was made, Jackson… Read more
