State v. Andrew J. Wirth, 2012AP208-CR, District 4, 2/21/13; court of appeals decision (not recommended for publication); case activity Wirth was charged with the shooting deaths of two people outside a bar. He claimed self defense. The trial court allowed evidence that Wirth engaged in a confrontation earlier in the evening at a different bar… Read more
4. Character, 904.04
State v. Joel Steinhauer, 2012AP189-CR, District 3, 11/27/12 court of appeals decision (not recommended for publication); case activity When the State fails to articulate the specific other acts testimony it seeks to adduce, the trial court acts within its discretion in ruling the testimony inadmissible without performing the 3-step analysis of State v. Sullivan, 216 Wis. 2d 768… 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State v. Curtis L. Jackson, 2011AP2698-CR, District 1, 10/10/12; court of appeals decision (not recommended for publication), petition for review granted 2/11/13, affirmed, 2014 WI 4 (1/22/14); case activity Waiver (Lack of Objection), Generally – Jury Instructions ¶8 … To obtain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
State v. Mark E. Johnson, 2011AP2673-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Cross-examination of Johnson, on trial for possession of marijuana and bail jumping, as to his marijuana use was proper, but as to his use of cocaine (eliciting an admission) was reversible error: ¶10 Johnson concedes that, after… Read more
State v. Michael Anthony Lock, 2012 WI App 99 (recommended for publication); case activity Other-Acts Evidence Lock was tried and convicted for homicide, kidnapping and possession with intent to deliver. The State elicited testimony from numerous witnesses to the effect that Lock headed a vast criminal enterprise, of which these crimes were a part in… Read more
State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity Search & Seizure – Consent – Blood Draw Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him… Read more
State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity § 974.06 Motion – Laches Inapplicable ¶17 n. 14: While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation. The State concedes… Read more
State v. Kami L. Jennings, 2011AP2206-CR, District 2, 6/27/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence, introduced by the State, as to the defendant’s belief in reincarnation was inadmissible: ¶15 While the parties did not brief the issue, we hold that Jennings’ testimony should have been excluded as inadmissible character evidence under Wis… Read more
