State v. Randall Ray Madison, 2015AP451-CR & 2015AP452-CR, District 1, 8/11/15 (one-judge decision; ineligible for publication); case activity (including briefs) Madison, who was charged with violating a domestic abuse injunction obtained against him by L.M., wanted to testify that L.M. “stalks me.” (¶5). The trial court properly exercised its discretion in excluding this testimony. ¶11 … Read more
E. Specific motions/hearings
State v. Brandon L. P-D., 2014AP2785, District 4, 5/14/15 (one-judge decision; ineligible for publication); case activity The court of appeals rejects Brandon’s arguments that the evidence was insufficient to support his delinquency adjudication for incest because of the victim’s inconsistent testimony. The court also rejects his arguments that the circuit court erred in denying his motion… Read more
State v. Clifton Robinson, 2014AP1575-CR, 3/31/15, District 1 (not recommended for publication); click here for briefs and docket The court of appeals here rejects a barrage of challenges to Robinson’s conviction for criminal damage to property and armed robbery with use of force–everything from a Batson challenge, to severance issues, to the sufficiency of evidence… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point) Should State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993), and State v. Green, 2002 WI 68, 253 Wis. 2d 536, 646 N.W.2d 298, be overruled? If the Shiffra/Green rule is not discarded, should… Read more
State v. Derek J. Copeland, 2014AP929-CR, 3/5/15, District 4 (not recommended for publication); click here for docket and briefs This case explores the line between a between a “simple defense” defined as “I was last at the scene of the crime on a date that preceded the crime” versus an “alibi” defense defined as “I… Read more
State v. Patrick J. Lynch, 2015 WI App 2, petition for review granted 3/16/15, affirmed by a divided court, 2016 WI 66; case activity Lynch was entitled to an in camera review of the complainant’s treatment records because there is a reasonable likelihood the records will reveal the complainant exhibits ongoing symptoms associated with PTSD that affect her… Read more
State v. Deshun Latrell Bannister, 2013AP2679-CR, District 1, 9/3/14 (not recommended for publication); case activity A claim that trial counsel was ineffective for failing to file a timely alibi notice founders on the lack of prejudice, as there’s nothing in the record showing what the alibi witness would have said had she been allowed to testify… Read more
State v. Andrew M. Obriecht, 2014AP445-CR, District 4, 8/14/14 (1-judge; ineligible for publication); case activity Obriecht didn’t show the victim’s mental health records might contain relevant information necessary to his defense, so the circuit court properly denied his motion to conduct an in camera review of the records. Obriecht, who was charged with two counts of having… Read more
