State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
41. Trial Procedures
State v. Allen K. Umentum, 2011AP2622-CR. District 3, 5/1/12 court of appeals decision (1-judge, not for publication); for Umentum: Roberta A. Heckes; case activity Under a local, Brown County “standing order,” all in-custody defendants appearing at jury trial were required, without particularized demonstration of need, to wear a non-visible stun belt. The courthouse had no screening checkpoints… Read more
seventh circuit decision Habeas – Knowing Use of False Testimony (“Napue”) Due process prohibits knowing prosecutorial use of false testimony, Napue v. Illinois, 360 U.S. 264, 269 (1959). However, the prosecutor’s exploitation of Bland’s incorrect testimony on a potentially important point (the date his gun was confiscated) doesn’t support habeas relief on a Napue-type theory. Napue and Giglio hold… Read more
State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack… Read more
Dawn H. v. Pah-Nasa B., 2011AP1198, District 3, 11/29/11 court of appeals decision (1-judge, not for publication); for Pah-Nasa B.: Lora B. Cerone, SPD, Madison Appellate; case activity Given the proof of lack of parental responsibility as a ground for terminating Pah-Nasa’s rights, counsel’s failure to object to testimony about a fight between Pah-Nasa and his mother… Read more
Kenosha County DHS v. Amber D., 2011AP562, District 2, 8/10/11 court of appeals decision (1-judge, not for publication); for Amber D.: Thomas K. Voss; case activity Timothy M.’s appearance by telephone, occasioned by his incarceration, didn’t violate his due process right to meaningfully participate in TPR proceedings, Waukesha Cnty. DHHS v. Teodoro E., 2008 WI App… Read more
State v. Jeremy M. Bootz, 2010AP2795-CR, District 2, 7/27/11 court of appeals decision (1-judge, not for publication); for Bootz: Craig S. Powell; case activity Counsel “had no obligation to object to” the testimony of “a bona fide rebuttal witness,” hence didn’t perform deficiently. The court summarizes ground-rules relative to rebuttal witnesses, overarching principles being: “A bona… Read more
On Point is very pleased to present this Guest Post discussion of State v. Funk and State v. Denson, by the Honorable Richard J. Sankovitz, Milwaukee County Circuit Court. Feel free to submit comments in the box at the end of the Post. Trial judges monitor the flurry of end-of-term Wisconsin Supreme Court decisions for new rules… Read more
