City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance. This OWI case begins with a 911 call from a motel… Read more
1. Curative Instruction
State v. Eric J. Debrow, 2023 WI 54, 6/23/23, reversing an unpublished court of appeals decision; case activity (including briefs) In yet another reversal of a defense win, SCOW defers to the circuit court’s decision denying a motion for mistrial but slightly muddies the waters as to the proper legal analysis when assessing mistrial claims… Read more
State v. Eric J. Debrow, 2021AP1732-CR, petition for review of an unpublished COA opinion granted 12/15/22, reversed, 2023 WI 54; case activity (including PFR, Response, and COA briefs) Issue presented (from the State’s petition): Did the court of appeals apply the proper legal standard to its review of the circuit court’s decision to deny Debrow’s motion… Read more
State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But… Read more
State v. Rodell Thompson, 2015AP1764-CR, District 4, 8/4/16 (not recommended for publication); case activity (including briefs) The trial court didn’t erroneously exercise its discretion in deciding to admit other-acts evidence in Thompson’s trial for sexual assault, false imprisonment, and battery, and Thompson’s IAC claims fail for want of prejudice. Thompson concedes the other-acts evidence in… Read more
State v. Michael C. Hess, 2014AP268-CR, District 3, 11/11/14 (not recommended for publication); case activity While the trial evidence was sufficient to support the jury’s verdict that Hess possessed methamphetamine, Hess is entitled to a new trial in the interest of justice because the verdict may have been influenced by evidence offered to proved drugged-driving charges that were… Read more
State v. Omar J. Smith, 2012AP863-CR, District 1, 9/10/13; (not recommended for publication); case activity A jury convicted Smith of first-degree reckless homicide while armed as party to a crime and a host of other crimes. Two issues are noteworthy. Miranda-Edwards issue: Police began questioning Smith while he was in custody. He invoked his right… Read more
State v. Cortez Ramon Brooks, I, 2010AP2454-CR, District 1, 1/10/12 court of appeals decision (not recommended for publication); for Brooks: Ann T. Bowe; case activity The trial court immediately struck non-responsive testimony of a jailhouse informant that Brooks had admitted to “multiple homicides.” Denial of a subsequent motion for mistrial based on this testimony is… Read more
