by admin
on March 16, 2018
State v. Gary Lee Wayerski, 2015AP1083-CR, petition for review of unpublished court of appeals opinion granted 3/13/18; case activity (including briefs)
Issues (composed by On Point):
Whether trial counsel was ineffective where he did not ask the testifying defendant about the purported confession he gave to a jailhouse snitch, and defendant would have denied the conversation occurred.
Whether the state violated Brady when it did not inform defense that the snitch had pending child-sex charges during the trial.
[continue reading…]
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by admin
on March 16, 2018
City of Chetek v. Daniel John McKee, 2017AP207, District 3, 3/15/18 (one-judge decision; ineligible for publication); case activity (including briefs)
McKee claimed he was justified in refusing to submit to a breath test under § 343.305(9)(a)5.c. because his chronic gastroesophageal reflux disorder (GERD) and resulting Barrett’s esophagus rendered him physically unable to take the test. (¶¶3-4). McKee sought to admit his medical records as evidence at the refusal hearing, but the circuit court sustained the prosecutor’s objection that they weren’t properly authenticated. (¶5). Further, based on the testimony of the arresting officer, the circuit court found McKee refused out of a concern for his job, not because of his medical condition. (¶¶6-7). The court of appeals rejects McKee’s challenges to the circuit court’s rulings. [continue reading…]
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by admin
on March 16, 2018
State v. Timothy P. Gregory, 2016AP1265-CR, District 2, 3/14/18 (not recommended for publication); case activity (including briefs)
In this lengthy decision, the court of appeals rejects multiple challenges Gregory makes to his convictions for child sexual assault that occurred in 1997. [continue reading…]
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by admin
on March 15, 2018
State v. Johnny K. Pinder, 2017AP208-CR, certification granted 3/14/18; case activity (including briefs)
Issue (from certification)
If a search warrant issued under Wis. Stat. § 968.12 for the placement and use of a GPS tracking device on a motor vehicle is not executed within five days after the date of issuance per Wis. Stat. § 968.15(1) is the warrant void under § 968.15(2), even if the search was otherwise reasonably conducted?
[continue reading…]
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by admin
on March 15, 2018
State v. Shawn T. Wiskerchen, 2016AP1541-CR, petition for review of an unpublished court of appeals opinion granted 3/14/18; affirmed 1/4/19; case activity (including briefs).
Issue (composed by On Point):
In State v. Queever, 2016 WI App 87, 372 Wis. 2d 388, 887 N.W.2d 912, the court of appeals required a defendant to pay restitution for a security system that the victim bought before the date of the crime for which the defendant was convicted.
Must Queever be overturned because it is impossible for a crime committed on a certain date to cause losses on an earlier date? If not, what are the limits of Queever and of the definition of “a crime considered at sentencing” for restitution purposes? Can the definition include alleged prior-committed crimes?
[continue reading…]
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by admin
on March 15, 2018
State v. C.L.K., 2017AP1414, petition for review of an unpublished court of appeals opinion granted 3/14/18; case activity
Issues:
1. Where, during the grounds phase of a TPR trial, the circuit court errs by directing a verdict in favor of the State without giving the respondent an opportunity to present evidence, has the court committed structural error, or is the error subject to a harmless error analysis?
2. If the error in this case is not structural, then was it harmless?
[continue reading…]
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by admin
on March 15, 2018
The latest edition of SCOWstats considers how our justices vote on 6th Amendment (fair trial) issues. Are Justice Rebecca Bradley and Justice Kelly more receptive to fair trial claims than the justices they replaced (Crooks and Prosser)? Click SCOWstats to find out.
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by admin
on March 15, 2018
He’s “rolling out wild, unprecedented” policies per this Slate article. Wild ideas like not offering the testimony of police officers known to be dishonest, or considering the economic cost of prison time when making sentencing recommendations. He just issued a memo to his staff saying his policies “are an effort to end mass incarceration and bring balance back to sentencing.” Read the whole thing; it’s fascinating to consider the wide range of approaches available to the most powerful actor in the system.
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