State v. Rickey R. Denson, 2011 WI 70, affirming unpublished summary order; for Denson: Donna Odrzywolski; case activity ¶8 A criminal defendant’s constitutional right not to testify is a fundamental right that must be waived knowingly, voluntarily, and intelligently. However, we conclude that circuit courts are not required to conduct an on-the-record colloquy to determine whether a defendant… Read more
41. Trial Procedures
State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing on ineffective assistance of counsel. ¶21 A postconviction hearing is necessary to sustain a claim of… Read more
State v. Jason L. Miller, 2011 WI App 34; for Miller: Shelley Fite, SPD, Madison Appellate; case activity; Miller BiC; State Resp.; Reply If the stun belt (or other restraint) isn’t visible to the jury, the trial court need not consider its necessity before requiring that the defendant wear it during trial. “Because there is… Read more
court of appeals decision (1-judge, not for publication); pro se; case activity; State Resp. Interpreter ¶6 We begin with Kedinger’s claim that he was improperly denied an interpreter. In Strook v. Kedinger, 2009 WI App 31, ¶¶19, 21, 316 Wis. 2d 548, 766 N.W.2d 219, we noted that once a party properly notifies the trial court of the… Read more
John M. Stephenson v. Levenhagen, 7th Cir No. 09-2924, 08/26/2010 7th Cir decision; petition for rehearing denied 1/14/11, 3 dissents from denial of en banc review Habeas – Effective Assistance – Stun Belt Counsel’s failure to object to placement of stun belt on Stephenson during trial was held by the state court to be deficient: accepting… Read more
State v. Jason M. Bruckbauer, 2009AP1823-CR, District 4, 8/19/10 court of appeals decision (3-judge, not recommended for publication); for Bruckbauer: Dennis Schertz; BiC; Resp.; Reply Harmless Error Any error in admission of a pretrial ID of Bruckbauer from a photo array was harmless, where: the challenged ID didn’t directly implicate him in the homicide but… Read more
Dane Co. DHS v. Laura E.N., No. 2010AP1172, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); for Laura E.N.: Jean K. Capriotti TPR – Evidence Evidence that the mother was caring for an infant son not under CHIPS order wasn’t relevant to her ability to meet conditions for the return of her… Read more
State v. Juan M. Sandoval, 2009 WI App 61, PFR filed 5/6/09 For Sandoval: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The State need not disclose bona fide rebuttal evidence, the test for which turns on whether the evidence “only became necessary at rebuttal” (as opposed to whether it would have been admissible or useful… Read more
