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
30. Pretrial proceedings
State v. Derek J. Copeland, 2014AP929-CR, 3/5/15, District 4 (not recommended for publication); click here for docket and briefs This case explores the line between a between a “simple defense” defined as “I was last at the scene of the crime on a date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State v. Jose O. Gonzalez-Villarreal, 2013AP1615-CR, District 1, 1/27/15 (not recommended for publication); case activity The court of appeals rejects Gonzalez-Villarreal’s challenge to his conviction for possessing child pornography based on claims that: his right to a speedy trial was violated; discovery restrictions violated his right to equal protection; other acts evidence was erroneously admitted; the… Read more
State v. Robert J. Tisland, 2012AP1570-CR, District 4, 1/22/15 (not recommended for publication); case activity Even if two legislative acts made inconsistent changes to a criminal statute and meant the changes made by the earlier act were superseded by the later one, a charge filed under the provisions of the superseded act was not, under… Read more
Three Unnamed Petitioners v. Peterson, Nos. 2013AP2504-2508-W; case activity (for 2013AP2504); Two Unnamed Petitioners v. Peterson, No. 2014AP296-OA; case activity; and Schmitz v. Peterson, Nos. 2014AP417-421-W; case activity (for 2014AP417) The supreme court has granted review in some of the John Doe investigations into coordination of spending by candidate campaigns and independent groups. The long and varied list of issues… 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
Lopez v. Smith, USSC No. 13-946, 10/6/14 (per curiam), reversing Smith v. Lopez, 731 F.3d 859 (9th Cir. 2013); docket When a state prisoner seeks federal habeas relief on the ground that a state court, in adjudicating a claim on the merits, misapplied federal law, a federal court may grant relief only if the state court’s… 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
