State v. Stephen Lehman, 2011AP2821-CR, District I (not recommended for publication). Case activity. Lehman pled guilty to 2 counts of burglary of a dwelling. The trial court sentenced him to 5 years of initial confinement and 3 years of extended supervision for each count. The court ran the sentences consecutively, ordered Lehman to pay… Read more
H. Modification/Review
State v. Richard Wade Shirley, 2012AP263-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of fair trial – restraint of defendant during trial Defendant forfeited claim that he was deprived of a fair trial because at least one juror saw he was shackled in the court room: “Not only… Read more
State v. John Doe, 2012AP414-CR, District 1, 1/23/13; court of appeals decision (not recommended for publication); case activity The circuit court properly exercised its discretion in denying the defendant’s motion for sentence modification based on his assistance to law enforcement. The circuit court considered the factors established by State v. Doe, 2005 WI App 68… Read more
State v. Jack Minniecheske, 2012AP1133, District 3, 1/23/13; court of appeals decision (1-judge, not eligible for publication); case activity Because Wis. Stat. § 950.04(1v)(m) gives victims the right to provide statements at sentencing, the circuit court properly considered a victim impact statement despite defendant’s objection to it as “frivolous” and his claim the victim stole… Read more
State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is: (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with… Read more
State v. Daniel Buchanan, 2011AP830-CR, District 1, 10/30/12 court of appeals decision (not recommended for publication); case activity Hearsay – Prior Consistent Statement, § 908.01(4)(a)2 The prior-consistent statement rule allows substantive admissibility of an out-of-court statement if: “(1) the declarant testifies at trial and is subject to cross-examination concerning the statement; (2) the statement is consistent with the declarant’s… Read more
on review of published decision; case activity Issues (composed by On Point): 1. Whether the evidence is sufficient to sustain conviction for conspiracy-theft by fraud, in that: no conspirator expressly made a false representation; and in any event, Steffes joined the conspiracy after it had already been set in motion. 2. Whether the evidence is sufficient to sustain… Read more
on review of published decision; case activity Issue (composed by on Point) Whether sentencing reliance on inaccurate information (here, misapprehension of mandatory minimum incarceration) is structural error. Travis pleaded guilty to an offense that all concerned (defense, prosecution, sentencing court) wrongly thought carried a 5-year mandatory minimum (largely due to confusion about the particular offense Travis… Read more
