State v. Gary Lee Wayerski, 2019 WI 11, affirming and modifying an unpublished court of appeals decision; case activity (including briefs) The supreme court overrules Wisconsin’s longstanding test for deciding whether the state has “suppressed” favorable evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), saying the test is unsupported by and contrary to… Read more
30. Pretrial proceedings
State v. Autumn Marie Love Lopez & Amy J. Rodriguez, 2019 WI App 2, petition for review granted 4/9/19, affirmed by a divided court, 2019 WI 101; Lopez case activity; Rodriquez case activity). Lopez and Rodriguez were each charged with a single count being party to the crime of felony retail theft of more than $500 but less than $5,000 based… Read more
State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs) Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions. Insufficient evidence Barwick argues there was insufficient evidence to convict… Read more
County of Milwaukee v. Ross J. Romenesko, 2017AP1042-1044, 6/19/18, District 1, (1-judge appeal, ineligible for publication); case activity (including briefs) Romenesko prevailed below–the circuit court (1) suppressed a revised report relating to his blood sample, (2) precluded but one of its experts from testifying, and eventually (3) dismissed the the OWI 1st offense and operating… Read more
State v. Dylan D. Radder, 2018 WI App 36; case activity (including briefs) In a decision every trial-level criminal defense lawyer must read, the court of appeals affirms the denial of a motion to suppress without an evidentiary hearing because the motion failed to allege sufficient facts to raise a question of disputed fact that must… Read more
State v. Anthony H. Garbacz, Jr., 2017AP1419, 5/3/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A Prairie du Chien police officer saw Garbacz driving erratically and tried to stop him. Garbacz didn’t stop, instead heading over the bridge to Iowa with the officer in pursuit. Some Iowa squads joined the chase… Read more
State v. Wayne A. Johnson, 2017AP729-CR, District 3, 4/25/18 (one-judge decision; ineligible for publication); case activity (including briefs) Johnson failed to satisfy his burden for getting an in camera review of counseling records under State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993), and State v. Green, 2002 WI 68, 253… Read more
State v. Larry L. Garner, 2016AP2201-CR, 4/17/18, District 1 (not recommended for publication); case activity (including briefs) The State charged Garner and 3 other co-defendants with 2 counts of armed robbery use of force, PTAC, and felony murder, PTAC. The trial court ordered separate trials. A mistrial occurred due to juror misconduct, so the court… Read more
