State v. Amos L. Small, 2013 WI App 117; case activity Right to a public trial The circuit court appropriately excluded a person from the courtroom under State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, after the prosecutor asserted the had threatened a state’s witness after her testimony. (¶9). While Small’s… Read more
41. Trial Procedures
State v. Ramon G. Gonzalez, 2012AP1818-CR, District 1, 7/23/13; court of appeals decision (not recommended for publication), petition for review granted, 1/19/14, affirmed, 2014 WI 124; case activity Self-incrimination — requiring defendant to show physical characteristic to jury Where inmate victim of battery by another prisoner identified one of his assailants as an inmate “with platinum… Read more
State v. Leshurn Hunt, 2010AP2516, District 4, 5/16/13 (not recommended for publication); case activity Issue: Was defendant’s decision not to testify at trial knowing, intelligent and voluntary on the grounds that; (a) the court conducted a defective colloquy; (b) the defendant was coerced to waive his right to testify; and (c) the defendant received ineffective… Read more
State v. Desmond Dejuan Laster, 2012AP1739-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity The trial court did not erroneously exercise its discretion in making two evidentiary rulings or in denying Laster’s motion for a mistrial. On the first evidentiary ruling, the court of appeals holds the trial court properly… Read more
State v. Brent T. Novy, 2013 WI 23, affirming 2012 WI App 10; case activity Evidence excluded from state’s case-in-chief because of discovery violation is admissible as rebuttal evidence The trial court excluded the state from presenting fingerprint evidence in its case-in-chief because the state failed to properly disclose the evidence under Wis. Stat. §… Read more
State v. Richard Wade Shirley, 2012AP263-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of fair trial – restraint of defendant during trial Defendant forfeited claim that he was deprived of a fair trial because at least one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
On review of court of appeals certification; case activity: Pinno; Seaton Issue (from certification): Is the failure to object to the closure of a public trial to be analyzed upon appellate review under the “forfeiture standard” or the “waiver standard”? See our previous post for further discussion… 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
