A. Charging instrument

State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity   Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions: ¶17      To begin, we conclude that the amended information properly notified… Read more

court of appeals certification, review granted, 6/13/12; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment Convicted of reckless homicide, § 940.06(1), in the death of their daughter for failing to obtain medical treatment, the Neumanns raise various issues relating to… Read more

State v. Lamont L. Travis, 2012 WI App 46 (recommended for publication), petition for review granted, 9/18/12; case activity For unsuccessfully trying to put his hand down his 10-year-old niece’s pants, Travis was charged with, and pleaded guilty to, attempted first-degree sexual assault of a child under age 12, §§ 939.32, 948.02(1)(d). However, that particular form… Read more

State v. Timothy Jon Eloe, 2011AP1970-CR, District 2, 2/29/12 court of appeals decision (1-judge, not for publication); for Eloe: John C. Orth; case activity ¶5        To be sufficient, a criminal complaint need only be minimally adequate in setting forth essential facts establishing probable cause.  State v. Adams, 152 Wis. 2d 68, 73, 447 N.W.2d 90 (Ct. App… Read more

State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23      In this case, the trial court… Read more

on petition for review of unpublished decision; for Thompson: J.P. La Chapelle; case activity Issues (provided by court): Whether the failure to inform Thompson of the applicable mandatory minimum sentence of 25 years of incarceration prior to trial violated Thompson’s constitutional due process rights. Whether the complaint in this case was defective under Wis. Stat. §… Read more

State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11 court of appeals (1-judge, not for publication); pro se; case activity ¶6        The trial court determined that the complaint and the amended complaint were proper, stating, The complaint was duly sworn on oath.  The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. §… Read more