State v. Edward Beck, 2010AP872-CR, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); pro se; case activity Circuit court is under no obligation to seek extension of the § 809.30(2) limitation period for its ruling on a postconviction motion. ¶6 Beck reads too much into the 2001 amendment to Wis. Stat. § 809.30(2)(i). The amendment simply added language… Read more
25. Jury
State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same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State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11 court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a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. James T. Kettner, 2011 WI App 142 (recommended for publication); for Kettner: Andrew R. Hinkel, Jefren E. Olsen, SPD, Madison Appellate; case activity Hearing-Impaired Juror – Inability to Hear Certain Testimony A juror’s inability to hear most of alleged victim S.K.’s answers in a videotaped interview didn’t violate Kettner’s rights to impartial jury… 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State v. Carl Mills, 2010AP1746-CR, District 1, 9/7/11 court of appeals decision (not recommended for publication); for Mills: Randall E. Paulson, SPD, Milwaukee Appellate; case activity Trail counsel was not ineffective for failing to object to jury instructions and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
State v. Joseph Gayden, 2010AP2360-CR,District 1, 8/30/11 court of appeals decision (not recommended for publication); for Gayden: Matthew S. Pinix; case activity The difference between Wis JI-Criminal 800 and 805 is that the latter limits the defendant’s intentional use of force intended or likely to cause death or great bodily harm to reasonable belief that the force is necessary to… Read more
State v. Stephen R. Jones, 2011AP864-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication; for Jones: Brian P. Dimmer; case activity) Failure to move to strike juror wasn’t deficient performance. Juror’s public support of election of the presiding judge and the district attorney (who was not herself prosecuting this case) didn’t establish a significant… Read more
