State v. Cortez Ramon Brooks, I, 2010AP2454-CR, District 1, 1/10/12 court of appeals decision (not recommended for publication); for Brooks: Ann T. Bowe; case activity The trial court immediately struck non-responsive testimony of a jailhouse informant that Brooks had admitted to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
F. Instructions
State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1)) Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after… Read more
on review of unpublished decision; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity; prior post Sufficiency of Evidence (Possession with Intent to Deliver) – Circumstantial Evidence Standard of Review / Stipulation (Offense Element) – Right to Jury Trial Issues (from Smith’s PFR): 1. The Trial Evidence Was Insufficient to Support Smith’s Conviction of Possessing a… Read more
Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11 seventh circuit decision, denying habeas relief on review of 2006AP1633-CR The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t… Read more
State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same child by acts of sexual intercourse, the case was in effect tried under § 948.025(1)(ar) ,which requires acts of sexual… Read more
State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11 court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a lesser offense option of first-degree intentional homicide, wasn’t deficient in light of… Read more
State v. Carl Mills, 2010AP1746-CR, District 1, 9/7/11 court of appeals decision (not recommended for publication); for Mills: Randall E. Paulson, SPD, Milwaukee Appellate; case activity Trail counsel was not ineffective for failing to object to jury instructions and verdict forms with respect to unanimity on multiple counts of sexual assault of a single victim… Read more
State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12 Fleeing, § 346.04(3) – Elements ¶4 …. In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language… Read more
