State v. Quentin J. Louis, 2009AP2502-CR, District 3, 3/15/11 court of appeals decision (not recommended for publication); for Louis: Edward J. Hunt; amicus, Wis. Innocence Project: Keith A. Findley, Peter Shawn Moreno; case activity Trial court grant of new trial in interest of justice upheld as proper exercise of discretion: the issue in controversy wasn’t… Read more
Search: “close case”
State v. Miguel E. Marinez, Jr., 2011 WI 12, reversing unpublished decision; case activity; prior post; for Marinez: Ralph J. Sczygelski Evidence – Other-Acts, § 904.04(2) – “Sullivan” Analysis ¶19 To guide courts in determining whether other-acts evidence is admissible for a proper purpose under Wis. Stat. § 904.04(2)(a), we developed a three-prong test. Sullivan, 216… Read more
State v. Owen Budd, 2007 WI App 245 For Budd: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court erred in admitting evidence as to the “screening process” for referring SVP cases, which had the effect of informing the jury that fewer than 5% of eligible sex offenders are selected for commitment proceedings. Holding… Read more
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶26 Under Hodari D. and Kelsey, an uncomplied-with show of authority cannot constitute a seizure. … … ¶37 Mendenhall is the appropriate test for situations where the question is whether a person submitted to a police show of authority… Read more
State v. Justin Yang, 2006 WI App 48 For Olson: John J. Grau Issue/Holding: Defense cross-examination of a principal State’s witness was impermissibly curtailed when the trial court abruptly ended inquiry into whether the witness had threatened to cause the defendant (her ex-husband) “trouble” following his remarriage, where: The witness testified only with the aid… Read more
State v. Justin Yang, 2006 WI App 48 For Olson: John J. Grau Issue/Holding: Defense cross-examination of a principal State’s witness was impermissibly curtailed when the trial court abruptly ended inquiry into whether the witness had threatened to cause the defendant (her ex-husband) “trouble” following his remarriage, where: The witness testified only with the aid of… Read more
State v. Tyrone L. Dubose, 2005 WI 126 For Dubose: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the test for admissibility of a pretrial showup should be changed. (“A ‘showup’ is an out-of-court pretrial identification procedure in which a suspect is presented singly to a witness for identification purposes.” ¶1, n. 1, quoting State v. Wolverton, 193… Read more
State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue1: The terms of the plea agreement and the relevant state’s conduct are questions of fact, reviewed deferentially; whether that conduct amounts to a material and substantial breach is a… Read more
