30. Pretrial proceedings

State v. Brian R. Corvino, 2016 WI App 52; case activity (including briefs) This decision examines § 967.055(2)(a), which requires the State to apply to the circuit court before amending an OWI charge. The court of appeals found that amending the charge here would be inconsistent with the public policy of deterring drunk-driving and held that the circuit… Read more

State v. Salinas, 2016 WI 44, 5/26/2016, reversing an unpublished per curiam court of appeals decision; case activity (including briefs) In which our so-called law-developing court does not develop the law of joinder under § 971.12(1)—and even leaves it less clear than it used to be. Salinas was charged with domestic abuse offenses against his girlfriend, M.S., and her daughter… Read more

State v. L.C., 2016AP81, 5/25/16, District 2 (1-judge opinion; ineligible for publication; case activity That sums up the court of appeals’ decision in this juvenile delinquency case.  The State failed to timely provide the defense with a copy of L.C.’s recorded confession and a witness list before trial. The circuit court and court of appeals shrugged… Read more

State v. Tony Phillip Rogers, 2015AP921-CR, 4/12/16, District 1 (not recommended for publication); case activity (including briefs) Though the complainant in Rogers’s child sexual assault prosecution made statements to her mother about “hearing voices” and needing mental health assistance, trial counsel was not deficient for failing to move for an in camera review of her… Read more

State v. Raymond L. Nieves, 2014AP1623-CR, 4/5/16, District 1 (recommended for publication, but not published); petition for review granted 9/13/16; case activity (including briefs). This case explores the line between Bruton v. U.S., 391 U.S. 123 (1968)(which holds that at a joint trial the confession of one defendant is inadmissible against the co-defendant unless the confessing… Read more

State v. A.C., 2015AP1604, 1/20/16, District 1 (one-judge decision; ineligible for publication); case activity A petition alleging A.C. was delinquent contained sufficient facts to establish probable cause that A.C. acted as a party to the crime of operating a motor vehicle without the owner’s consent. ¶9     A.C. was charged as a party to the… Read more

State v. Gregory Tyson Below, 2014AP2614-2616-CR, 1/12,16, District 1 (not recommended for publication); case activity, including briefs This was a high profile case in Milwaukee. Below was convicted of 29 charges of kidnapping, strangulation and suffocation, sexual assault, battery, reckless injury and solicitation of prostitutes. He appealed and asserted 4 claims for a new trial… Read more