State v. Timothy Jon Eloe, 2011AP1970-CR, District 2, 2/29/12 court of appeals decision (1-judge, not for publication); for Eloe: John C. Orth; case activity ¶5 To be sufficient, a criminal complaint need only be minimally adequate in setting forth essential facts establishing probable cause. State v. Adams, 152 Wis. 2d 68, 73, 447 N.W.2d 90 (Ct. App… Read more
30. Pretrial proceedings
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
State v. Forrest Andre Saunders, 2011 WI App 156 (recommended for publication); for Saunders: Robert A. Kagen; case activity Notice of Alibi, § 971.23(8) – DA Comment on Missing Witness “Alibi” merely refers to the fact that the defendant was elsewhere when the alleged occurred, ¶21, citing, State v. Brown, 2003 WI App 34, ¶13, 260… Read more
State v. Joseph Hammer, 2010AP3019-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication); for Hammer: Rex Anderegg; case activity The State’s conceded discovery violation (failure to produce reports or photographs related to a trajectory rod investigation) prejudiced the defense and therefore entitles Hammer to a new trial on two counts of attempted… Read more
State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23 In this case, the trial court… Read more
State v. Daniel E. Krueger, 2011AP571-CR, District 3, 8/2/11 court of appeals decision (1-judge, not for publication); for Krueger: Ana Lyn Babcock; case activity Prosecutorial failure to disclose a police report containing his statements that “were incriminating and any reasonable prosecutor would have planned on using them at trial” violated Krueger’s right to discovery, ¶23, citing State… Read more
on petition for review of unpublished decision; for Thompson: J.P. La Chapelle; case activity Issues (provided by court): Whether the failure to inform Thompson of the applicable mandatory minimum sentence of 25 years of incarceration prior to trial violated Thompson’s constitutional due process rights. Whether the complaint in this case was defective under Wis. Stat. §… Read more
