State v. Pedro R. Mendoza, III, 2018AP2325-Cr,10/6/20, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Mendoza of 1st degree recklessly endangering safety and 1st degree endangering safety when he shot into a car occupied by H.V. and M.M.C. Mendoza claimed his trial counsel was ineffective for failing to: (1) seek… Read more
15. Evidence
State v. Raymond R. Barton, 2019AP1990, 9/24/20, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Barton was convicted at trial of three counts involving battery of his adult stepson. He argues the trial court should have granted the mistrial he asked for when his daughter testified she was afraid that something had… Read more
State v. Alan M. Johnson, 2018AP2318-CR, review of published opinion granted 9/16/20; case activity (including briefs) Issues for review (from the State’s Petition) 1. Was Johnson entitled to a jury instruction for perfect self-defense based on his testimony concerning his motivation for trespassing with a loaded firearm in KM’s house, despite the fact that KM… Read more
State v. M.E., 2019AP2228, 9/1/2020, District 1 (one-judge decision; ineligible for publication); case activity M.E. was adjudicated delinquent after a bench trial. During the trial, the judge overheard a conversation between a state’s witness and the prosecutor that led her to believe her sequestration order had been violated. M.E. argues the judge was disqualified because… Read more
Rock County v. R.J., 2020AP93, 8/13/20, District 4 (1-judge opinion, ineligible for publication); case activity Thank heavens this opinion is not published. R.J’s initial commitment expired before he filed his notice of appeal. According to the court of appeals, R.J. should have sua sponte addressed mootness in his initial brief–before the County ever argued the… Read more
State v. Bobby L. McNeil, 2019AP467-CR & 2019468-CR, District 1, 7/21/10 (not recommended for publication); case activity (including briefs) McNeil was convicted of drug offenses, obstructing, and bail jumping after a trial in two consolidated cases. His challenges to the joinder of the cases and to various evidentiary issues are rejected, but he prevails on… Read more
State v. Samuel L. Nichols, Jr., 2019AP802-CR, District 4, 7/16/20 (not recommended for publication); case activity (including briefs) Nichols was charged with capturing images of nudity without consent and sexual assault. He argues the police didn’t have probable cause to seize his cell phone and therefore the images they found on it must be suppressed… Read more
State v. Timothy E. Dobbs, 2020 WI 64, 7/3/20, affirming an unpublished per curiam court of appeals opinion, 2018AP319; case activity (including briefs) There’s really only one important holding here: despite adoption of the Daubert standard, Wisconsin continues to permit expert testimony in the form of “dissertation or exposition.” That is, an expert can educate… Read more
