State v. Joseph T. Langlois, 2017 WI App 44, petition for review granted 12/13/17, affirmed, 2018 WI 73; case activity (including briefs) We all know that an appellate court determines the accuracy of a trial court’s jury instructions by reviewing them as a whole, not in isolation. State v. Pettit, 171 Wis. 2d 627, 637-638, 492… Read more
6. Read as a whole
State v. Phillip Kareen Green, 2015AP1126-CR, 4/26/16, District 1 (not recommended for publication); case activity (including briefs) Green argues that the evidence was insufficient to convict him of first degree reckless homicide because it didn’t prove he acted with utter disregard for human life. He also argues for a new trial in the interest of… Read more
State v. John D. Harris, 2014AP1292-CR, District 1, 12/23/14 (1-judge decision; ineligible for publication); case activity Harris isn’t entitled to a new trial based on alleged errors in the jury instruction for disorderly conduct, and the evidence is sufficient to support the guilty verdicts for that charge and a charge of battery. Harris was charged… Read more
State v. Darryl J. Badzinski, 2014 WI 6, reversing unpublished court of appeals decision; case activity Badzinski was charged with sexually assaulting his niece, A.R.B., during a family gathering at the home of his parents. (¶¶8-9). A.R.B. testified the assault occurred in a specific room–the basement laundry room. (¶11). But there was also testimony from multiple defense witnesses… Read more
State v. Roland Derliel Graham, 2013AP440-CR, District 1, 12/29/13; court of appeals decision (not recommended for publication); case activity Reasonable suspicion for seizing defendant ¶15 We conclude that under the totality of the circumstances described by [Officer] Wiesmueller, there was reasonable suspicion to stop Graham. Graham was stopped on property that had been the subject of… Read more
Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background: Dane County filed a TPR petition against John L.-B. in… Read more
State v. Jonathan Phillips, 2010AP1490, District 4, 4/26/12 court of appeals decision (not recommended for publication); for Phillips: Steven D. Grunder, SPD, Madison Appellate; case activity; originally recommended for publication, changed per order 5/1/12 Although admittedly “inconsistent” in the way it defines “mental disorder,” when read “as a whole,” the pattern jury instruction for ch. 980… Read more
