County of Milwaukee v. Ross J. Romenesko, 2017AP1042-1044, 6/19/18, District 1, (1-judge appeal, ineligible for publication); case activity (including briefs) Romenesko prevailed below–the circuit court (1) suppressed a revised report relating to his blood sample, (2) precluded but one of its experts from testifying, and eventually (3) dismissed the the OWI 1st offense and operating… Read more
B. Discovery
State v. William H. Craig, 2017AP651-CR, 4/17/18, District 3 (not recommended for publication); case activity (including briefs) Criminal defendants have a broad right to pretrial discovery under §971.23(1), but that right is tempered by §971.23(6), which authorizes the circuit court to enter protective orders for good cause. The court is not required to hold an evidentiary hearing… Read more
State v. Gary Lee Wayerski, 2015AP1083-CR, petition for review of unpublished court of appeals opinion granted 3/13/18; case activity (including briefs) Issues (composed by On Point): Whether trial counsel was ineffective where he did not ask the testifying defendant about the purported confession he gave to a jailhouse snitch, and defendant would have denied the… Read more
State v. Timothy P. Gregory, 2016AP1265-CR, District 2, 3/14/18 (not recommended for publication); case activity (including briefs) In this lengthy decision, the court of appeals rejects multiple challenges Gregory makes to his convictions for child sexual assault that occurred in 1997. Because of the number of issues and their fact-intensive nature, this post will simply list the… Read more
State v. Lonnie S. Sorenson, 2016AP1540-CR, 12/5/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Sorenson appeals jury-trial convictions for operating with a PAC and possession of drug paraphernalia. He was also found guilty of operating with a detectable amount of THC in his blood, but this was dismissed by operation of… Read more
State v. Jamie M. Srb, 2017AP307-CR, 11/9/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Srb objected to the admissibility of his BAC results at his OWI trial in part because the State submitted a summary of expert testimony that failed to indicate that its expert would testify about retrograde extrapolation. See §971.23(1)(e). The court… Read more
State v. Jesse Steven Poehlman, 2016AP1074, 7/5/17, District 1 (not recommended for publication); case activity (including briefs) The state charged Poehlman with various counts relating to two alleged incidents of sexual assault and battery of his wife–one in December 2014 and one in February 2015. The jury acquitted as to the earlier incident and convicted… Read more
Charles Turner, et al., v. United States, USSC Nos. 15-1503 & 15-1504, 2017 WL 2674152 (June 22, 2017), affirming Turner v. U.S., 116 A.3d 894 (D.C. App. 2015); Scotusblog page (including links to briefs and commentary) In granting cert in this case the Court told the parties to brief one issue: Whether the convictions of the… Read more
