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
2012-13 Term
State v. James G. Brereton, 2013 WI 17, affirming 2011 WI App 127; case activity Search and seizure of vehicle — attaching GPS tracking device After lawfully stopping Brereton, the police removed him from his car, towed it to a lot, and, after obtaining a warrant, attached a GPS tracking device. The car was returned… Read more
State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity Warrantless Entry – “community caretaker” exception Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia… Read more
State v. Brian Avery, 2013 WI 13 (Wis. S. Ct. 1/30/13), reversing 2011 WI App 148; case activity The supreme court affirms the trial court’s denial of Brian Avery’s Wis. Stat. § 974.06 motion for a new trial based on newly discovered evidence, concluding there isn’t a reasonable probability a jury would have a reasonable… Read more
State v. Dennis D. Lemoine, 2013 WI 5, affirming unpublished court of appeals decision; case activity Lemoine’s inculpatory statement to the police was voluntary: ¶3 We hold that the admission of Lemoine’s statements at trial was not error because, under the totality of the circumstances, the statements were voluntary. The well-established test for voluntariness balances the… Read more
