State v. Jacob Turner, 2013 WI App 23; case activity Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the… Read more
29. Postconv. Motions
State v. Daniel Ryan Curry, 2012AP515-CR, District 1, 12/27/12 Court of appeals decision (not recommended for publication); case activity Newly discovered evidence Defendant not entitled to new trial based on potentially exculpatory testimony of two witnesses, because the witnesses were known to him before trial. The two witnesses were the son and nephew of a… Read more
State v. Robert Edwin Burkhardt, 2009AP2174-CR, District 1/4, 12/6/12 court of appeals decision (not recommended for publication); case activity Search & Seizure – Consent Consent to search isn’t vitiated by nonpretextual threat to obtain a search warrant: ¶16 … (I)t is well established that, “[t]hreatening to obtain a search warrant does not vitiate consent if ‘the… Read more
on review of unpublished decision; case activity Issues (composed by On Point) 1. Whether the non-waivable nature of the defendant’s right to personal presence at voir dire, citing, § 971.04(1)(c); State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. App. 1999), extends to examination of a juror for possible dismissal following selection and swearing-in. 2. Whether the trial court properly dismissed… Read more
State v. Ouati K. Ali, 2011AP2169, District 4, 11/1/12 court of appeals decision (not recommended for publication); case activity Postconviction Proceedings – Right to Counsel A defendant has no constitutional right to counsel outside the direct appeal period, therefore Ali’s argument that failure to appoint counsel counsel to pursue DNA testing deprived him of due… Read more
State v. Robert J. Jacobson, 2011AP581, District 2/3, 10/24/12 court of appeals decision (not recommended for publication); case activity; prior history: 2003AP2023-CR (direct appeal), 2005AP1928 (Knight petition) Jacobson was convicted after jury trial on three counts of attempted homicide. He undertook an unsuccessful direct appeal, followed by a “Knight” habeas petition (the latter arguing that appellate… Read more
State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read more
State v. Alvin C. Harris, 2012AP518-CR, District 2, 9/12/12 court of appeals decision (1-judge, ineligible for publication); case activity Plea-Withdrawal Harris failed to make a prima facie showing that his plea colloquy was defective, therefore his motion to withdraw plea was properly denied without an evidentiary hearing: ¶7 Here, Harris’s motion alleged that his plea was… Read more
