30. Pretrial proceedings

State v. Joshua A. Prescott, 2012 WI App 136; case activity Felon-in-possession, § 941.29, was properly joined for trial with reckless injury by use of dangerous weapon: ¶17      Based on our review of the record, we agree with the trial court that the charges were properly joined. The felon in possession and reckless injury charges were… 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

State v. Harry Thompson, 2012 WI 90, reversing unpublished decision; case activity Section 970.02(1)(a) imposes several mandatory duties at initial appearance: the judge must inform the defendant of the charge, furnish him with a copy of the complaint, and personally inform him of the penalties for any felonies in the charge; and, the complaint must set forth the possible penalties… Read more

on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment  Issues (Composed by On Point):  1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1). 2… 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

Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599 TPR – Severance  On joint trial for termination of parental rights, Scott’s disruptive… Read more

State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity   Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions: ¶17      To begin, we conclude that the amended information properly notified… Read more