State v. Jenny L. Nowak, 2010AP1499-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity Warrantless entry into Nowak’s garage was justified under hot pursuit doctrine, given “probable cause to believe Nowak committed a jailable offense—specifically, resisting by failure to stop,” § 346.17(2t) (punishable by 9 months imprisonment), ¶15… Read more
25. Jury
State v. Donovan M. Burris, 2011 WI 32, reversing unpublished decision; for Burris: Byron C. Lichstein; case activity Utter Disregard for Life – After-the-Fact Conduct ¶7 We conclude that, in an utter disregard analysis, a defendant’s conduct is not, as a matter of law, assigned more or less weight whether the conduct occurred before, during, or… Read more
State v. Andre D. Hansbrough, 2011 WI App 79(recommended for publication); for Hansbrough: Amelia L. Bizzaro; case activity Verdict Forms – Harmless Error Failure to provide a not guilty verdict option with a lesser included offense instruction is, although error, not structural but is instead subject to analysis for harmlessness, ¶¶10-17. ¶9 At the outset, we… Read more
State v. Robert L. Brinson, 2010AP001819-CR, District 1, 5/10/11 court of appeals decision (3-judge, not recommended for publication); for Brinson: Paul Bugenhagen, Jr.; case activity Cautionary instruction cured any potential prejudice from revelation of prior record. ¶16 We disagree. The trial court instructed the jury several times that it could not consider Brinson’s possible status as a probationer or parolee, or the… Read more
State v. Robert Lyle Lawver, Jr., 2010AP382-CR, District 4, 5/5/11 court of appeals decision (1-judge, not for publication); for Lawver: Cole Daniel Ruby; case activity Conviction for disorderly conduct upheld on following facts: ¶9 The pertinent facts include the following. Lawver was walking at night down an unlit highway, traveling with traffic, so that he… Read more
Bobby v. Harry Mitts, USSC No. 10-1000, 5/2/11 (per curiam) The death penalty may not be imposed when the jury isn’t permitted to consider a verdict of guilt on a lesser included, non-capital offense supported by the evidence, Beck v. Alabama, 447 U.S. 625 (1980). As the Court now notes: such a scheme intolerably enhances the… Read more
State v. Michael D. Below, 2011 WI App 64 (recommended for publication); for Below: Joseph L. Sommers; case activity Below indisputably caused massive injuries that resulted in the victim’s death, albeit after medical staff terminated life support. His reckless acts were therefore a “substantial factor” in, hence caused, her death. He was not entitled to… Read more
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver – Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read more
