State v. Kyle Lee Monahan, 2014AP2187, petition for review of an unpublished COA decision granted 11/13/17; case activity (including briefs) The parties and the state agree that the circuit court erred in excluding Kyle Monahan’s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
G. Closing argument
Taylor County DHHS v. S.A.L., 2016AP2369, 6/7/17, District 3 (one-judge decision; ineligible for publication); case activity S.A.L. appeals the termination of her parental rights to her two children. She alleges ineffective assistance of her trial counsel and that the court failed to properly exercise discretion during the dispositional phase. The court of appeals affirms. The… Read more
Seifert v. Balink, 2017 WI 2,1/6/17, affirming a published court of appeals opinion; case activity (including briefs) It’s true. SCOW’s first decision on §907.02(1), which adopted the Daubert test for the admissibility of expert testimony is 134 pages long and includes 4 separate opinions, but don’t despair. It’s not the mess you imagine. Reading the first 3 opinions by Abrahamson… Read more
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver – Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read more
court of appeals decision; for Marinez: David Leeper; BiC; Resp. Br.; Reply Br. Appellate Procedure – Waiver and Effective Assistance of Counsel ¶12 n. 12: Although Marinez argues ineffective assistance of counsel, he also asks that we review his statutory and due process arguments directly. He cites to State v. Anderson, 2006 WI 77, ¶26, 291 Wis. 2d… Read more
State v. Clifford D. Bvocik, 2010 WI App 49; for Bvocik: James C. Murray Prosecutorial Misconduct – Closing Argument Improper prosecutorial closing argument—encouraging jury to draw false inference—requires new trial in interest of justice; State v. Robert H. Weiss, Jr., 2008 WI App 72, controlling: ¶1 State v. Weiss, 2008 WI App 72, ¶¶15-17, 312 Wis… Read more
court of appeals decision (not recommended for publication) Closing Argument – Arbitrary Time Limit 30-minute time limit on defense closing upheld, ¶¶20-24. Moreover, majority not persuaded that closing counsel never had opportunity to make would have persuaded jury, ¶25-26. Judge Fine dissents, stressing significance to trial process of closing argument, ¶¶27-32… Read more
