State v. Ryan Hugh Mulhern, 2022 WI 42, 6/21/22, reversing a per curiam court of appeals decision, 2019AP1565, case activity (including briefs) When we posted on SCOW’s grant of review of the non-citable court of appeals decision in this case, we imagined the court might accept the state’s invitation to change the scope of the… Read more
K. Rape shield, 972.11(2)
State v. Shane Allan Stroik, 2022 WI App 11; case activity (including briefs) A jury convicted Stroik of the sexual assault of a then-five-year old girl, “Amy,” the daughter of his girlfriend. Postconviction, Stroik brought a slew of claims for a new trial; the circuit court rejected them all. The court of appeals now holds… Read more
State v. Ryan Hugh Mulhern, 2019AP1565-CR, petition to review granted 1/20/21; reversed 6/21/22; case activity (including PFR and briefs) Issue presented (from the state’s PFR) Does § 972.11(2)(b), the “rape shield” statute, bar relevant evidence of the complainant’s lack of sexual conduct when the state offers the evidence to corroborate the complainant’s allegation of sexual assault… Read more
State v. David Gutierrez, 2020 WI 52, reversing in part a published court of appeals opinion, 6/3/20; case activity (including briefs) In a 5-0 decision, SCOW affirms all parts of this published court of appeals decision but one. The court of appeals held that the circuit court erred in refusing to admit evidence that excluded… Read more
State v. David Gutierrez, 2017AP2364-CR, petition for review of a published court of appeals decision granted 11/13/19; case activity (including briefs) Issue (based on the State’s Petition for Review): 1. Did the court of appeals violate the standard of appellate review of trial court evidentiary rulings by holding the trial court erred in deciding to exclude… Read more
State v. David Gutierrez, 2019 WI App 41, petition for review granted, 11/13/19, reversed in part and affirmed in part, 2020 WI 52; case activity (including briefs) The circuit court allowed the state to admit testimony that Gutierrez’s DNA wasn’t found after testing of relevant evidence state as well as testimony about why his DNA… Read more
State v. Frederick Eugene Walker, 2018AP186-CR, District 1, 11/27/18 (not recommended for publication); case activity (including briefs) Walker challenges his child sexual assault conviction, arguing the complaining witness’s mother improperly vouched for her daughter’s honesty. He also argues the trial court wrongly excluded evidence of the complaining witness’s sexual activity with another person. The court… Read more
State v. Mychael R. Hatcher, 2015AP297-CR, District 3, 8/16/16 (not recommended for publication); case activity (including briefs) Hatcher was convicted of sexually assaulting an intoxicated person, obstructing an officer, and bail-jumping. This 38-page court of appeals decision rejects claims that the trial court erred in refusing to accept Hatcher’s guilty plea, admitting expert testimony during… Read more
