State v. Rickey R. Denson, 2011 WI 70, affirming unpublished summary order; for Denson: Donna Odrzywolski; case activity ¶8 A criminal defendant’s constitutional right not to testify is a fundamental right that must be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
B. Opinions
Steven T. Kilian v. Mercedes-Benz USA, LLC, 2011 WI 65; case activity Statutory Construction – Legislative Acquiesence ¶30 n. 12: “Legislative failure to act is ordinarily weak evidence of legislative intention to acquiesce in or countenance a judicial or executive branch interpretation. . . . Under proper circumstances, however, inaction by the legislature may be… Read more
order denying motion for reconsideration of in: State v. Dimitri Henley, 2011 WI 67; for Henley: Keith A. Findley; case activity; additional history: 2010 WI 12 (memorandum decision, Roggensack, J.); court order (5/24/10) Henley’s motion to reconsider, though directed formally to the decision reversing grant of new trial, as a practical matter is directed to reconsideration… Read more
State v. Esteban M. Gonzalez, 2011 WI 63, reversing, 2010 WI App 104; for Gonzalez: Frank J. Schiro, Kristin Anne Hodorowski; case activity Gonzalez has shown a reasonable likelihood that the jury instructions relived the State of its burden to prove the element that he knowingly exhibited harmful material to a child. The facts are essentially… Read more
State v. David D. Funk, 2011 WI 62, reversing unpublished summary disposition; for Funk: Michele Anne Tjader; case activity Juror Bias – Assessment, Generally A claim of juror bias relies requires proof of the two-step test articulated by State v. Wyss, 124 Wis. 2d 681, 726, 370 N.W.2d 745 (1985): “(1) that the juror incorrectly or incompletely responded… Read more
State v. Charles Lamar, 2011 WI 50, affirming 2009 WI App 133; for Lamar: Donna L. Hintze, SPD, Madison Appellate; case activity Sentence Credit, Previously Imposed Sentence, § 973.04 Two concurrent sentences were initially imposed following guilty pleas to aggravated battery and misdemeanor bail jumping, both as repeater. The Agg Batt plea was withdrawn on postconviction motion… Read more
State v. Deandre A. Buchanan, 2011 WI 49, affirming unpublished CIA decision; for Buchanan: Tyler William Wickman; case activity Frisk – Auto Frisk of Buchanan, following routine traffic stop for speeding, was supported by reasonable belief that he was armed and dangerous. ¶3 We hold that under the totality of the circumstances in this case, the trooper’s… Read more
State v. Brian T. St. Martin, 2011 WI 44, on certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; case activity Consent to Search – Co-Tenant – Georgia v. Randolph Georgia v. Randolph, 547 U.S. 103 (2006) holds that a physically present resident’s objection trumps a co-tenant’s consent to a warrantless search of a residence. However, this rule does… Read more
