State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter (such as, “Why does mama have to go to jail for what my daddy… Read more
30. Pretrial proceedings
State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11 court of appeals (1-judge, not for publication); pro se; case activity ¶6 The trial court determined that the complaint and the amended complaint were proper, stating, The complaint was duly sworn on oath. The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. §… Read more
State v. Janet A. Conner, 2011 WI 8, affirming 2009 WI App 143; for Conner: Stephen E. Mays; case activity; Conner BiC; State Resp.; Reply Stalking, § 940.32 – Notice of Charge, “Course of Conduct” Stalking requires proof of, among other elements, a “course of conduct” which “means a series of 2 or more acts carried out… Read more
State v. Richard A. Wusterbarth, 2010AP1306-CR, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); for Wusterburth: Eileen A Hirsch, SPD, Madison Appellate; case activity; Wusterburth BiC; State Resp.; Reply The complaint established probable cause for obstructing, § 946.41(1), by alleging that Wusterburth made a false report to the police that a neighbor… Read more
State v. Harry Thompson, 2009AP1505-CR, District 4, 11/24/10, reversed, 2012 WI 90 court of appeals decision (3-judge, not recommended for publication), reversed 2012 WI 90; for Thompson: J.P. La Chapelle; State BiC; Thompson Resp.; Reply; State Supp.; Thompson Supp. Failure of the charging document to provide Thompson with notice that he faced a mandatory minimum confinement (25 years… Read more
State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply Interrogation – Ambiguous Request for Counsel Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated… Read more
State v. Christopher D. Jones, 2010 WI App 133; for Jones: Amelia L. Bizzaro; for Amicus, Innocence Network: Jerome F. Buting; BiC; Resp.; Reply; Amicus Br. Evidence – Daubert – Bullet Traced to Particular Gun The court rejects “a blanket rule barring as a matter of course all testimony purporting to tie cartridge cases and… Read more
court of appeals decision (3-judge, not recommended for publication); for Sterling: Dianne M. Erickson; BiC; Resp.; Reply Charging Decision – Judicial Involvement Increase in the charge, following trial judge’s veiled suggestion to the prosecutor that such an increase would be appropriate, wasn’t occasioned by judicial interference with prosecutorial discretion, ¶¶16-22. Initially charged with first-degree reckless… Read more
