State v. A.C., 2015AP1604, 1/20/16, District 1 (one-judge decision; ineligible for publication); case activity A petition alleging A.C. was delinquent contained sufficient facts to establish probable cause that A.C. acted as a party to the crime of operating a motor vehicle without the owner’s consent. ¶9 A.C. was charged as a party to the… Read more
30. Pretrial proceedings
State v. Gregory Tyson Below, 2014AP2614-2616-CR, 1/12,16, District 1 (not recommended for publication); case activity, including briefs This was a high profile case in Milwaukee. Below was convicted of 29 charges of kidnapping, strangulation and suffocation, sexual assault, battery, reckless injury and solicitation of prostitutes. He appealed and asserted 4 claims for a new trial… Read more
State v. Caroline D. Prieto, 2016 WI App 15; case activity (including briefs) Nearly three years after the defense demand, and a year after the first (of two) court orders to produce a witness list, the state still hadn’t done so. The circuit court’s response? No list, no witnesses. The state appeals and… The appellate… Read more
State v. Eric Christopher Bell, 2014AP2899-CR and 2014AP2900-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs) Bell raises two challenges to the joinder of ten counts involving five victims; the court rejects both. Two separate complaints each charged Bell with multiple sex crimes against children. The first complaint alleged counts involving two thirteen-year-old female victims; the… Read more
State v. Jeffrey L. Elverman, 2015 WI App 91; case activity (including state’s brief) The court rejects all challenges to a conviction of theft of more than $10,000. The issues mostly spring from the state’s use of Wis. Stat. § 971.36(4), which permits, under certain circumstances, the aggregation of multiple thefts into a single count. Elverman was a lawyer… Read more
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
State of Wisconsin ex rel. Two Unnamed Petitioners v. The Honorable Gregory Peterson et al.; State of Wisconsin ex rel. Francis D. Schmitz v. the Honorable Gregory Peterson, & State of Wisconsin ex rel. Three Unnamed Petitioners v. The Honorable Gregory Peterson, et al., 2015 WI 85, issued 7/16/15; case activity: Two Unnamed Petitioners; Schmitz v… Read more
State v. David E. Hull, 2015 WI App 46; case activity (including briefs) The recently enacted statute allowing the admission of hearsay evidence at preliminary hearings is not an unconstitutional ex post facto law because it affects only the evidence that may be admitted at the preliminary hearing and does not alter the quantum or nature of… Read more
