State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18 Generally, searches are subject to the… Read more
H. Deliberations
7th circuit decision Habeas Review – Inadmissible Evidence – Harmless Error Error in jury exposure, during deliberations, to inadmissible police report deemed harmless where the report contained merely cumulative information, the trial court gave a curative instruction, and the evidence against Brown was overwhelming. The standard on direct appeal for measuring reversible error is the… Read more
State v. Bradley A. Brandsma, 2010AP1429-CR , District 4, 12/23/10 court of appeals decision (1-judge, not for publication); for Brandsma: Anthony J. Jurek; case activity; Brandsma BiC; State Resp.; Reply Trial courts have “very broad discretion” under § 972.12 to allow a deliberating jury to separate overnight before returning to resume deliberations; court of appeals rejects… Read more
State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply Jury Instructions – Exposing Child to Harmful Materials The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter. ¶11 We agree with the trial… 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
