State v. Anica C. C. Bausch, 2014 WI App 12; case activity Bausch participated in a “Solidarity Sing Along” at the State Capitol in the fall of 2012. The Capitol Police cited her for violating Wis. Admin. Code ADM sec. 2.14(2)(v). Bausch pled “not guilty” and served the State with requests for admissions, interrogatories, and production… Read more
B. Discovery
State v. Raynard Rashawn Jackson, 2012AP1854, 2012AP1861, and 2012AP1862, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity: 2012AP1854; 2012AP1861; 2012AP1862 Jackson was alleged to have been involved in a shooting, and as part of their investigation the police constructed a photo array to show to three eyewitnesses, all of whom… Read more
Office of Lawyer Regulation v. Sharon A. Riek, 2103 WI 81 (per curiam), affirming referee’s dismissal of disciplinary complaint; case activity The supreme court holds that a prosecutor’s duty to disclose information to the defense under SCR 20:3.8(f)(1) does not impose a broader duty to disclose than the constitutional duty imposed under Brady v. Maryland, 373 U.S. 83… Read more
State v. Brent T. Novy, 2013 WI 23, affirming 2012 WI App 10; case activity Evidence excluded from state’s case-in-chief because of discovery violation is admissible as rebuttal evidence The trial court excluded the state from presenting fingerprint evidence in its case-in-chief because the state failed to properly disclose the evidence under Wis. Stat. §… Read more
State v. Michael Anthony Lock, 2012 WI App 99 (recommended for publication); case activity Other-Acts Evidence Lock was tried and convicted for homicide, kidnapping and possession with intent to deliver. The State elicited testimony from numerous witnesses to the effect that Lock headed a vast criminal enterprise, of which these crimes were a part in… Read more
on review of published decision; for Novy: Bridget E. Boyle; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues: 1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating… Read more
State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1)) Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after… Read more
State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack… Read more
