Categories
1. Appeals 1. Of certain matters 15. Evidence 17. Mistrial decision 29. Pretrial proceedings 3. Prejudice, 904.03 40. Trial Procedures 45. WI Court of Appeals B. Discovery C. Unpublished Opinions D. Relevance, Ch. 904 K. Mistrial K. Standards of Review

COA finds no error in denying mistrial for 3 evidentiary issues

State v. Ross Harris, Jr., 2018AP1667, 10/24/2019, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) The charges in this case, disorderly conduct and battery, arose from an altercation in a hospital elevator. The state said Harris, newly a grandfather, had attacked A.D., the fiancé of his newborn grandchild’s maternal grandmother, while both […]
Source: WI Public Defenders – On Point
COA finds no error in denying mistrial for 3 evidentiary issues

Categories
1. Appeals 1. Deficient performance 18. Newly discovered evidence 2. Prejudice 45. WI Court of Appeals 8. Counsel, 6th Am. b. Not found b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance K. Standards of Review

Ineffective assistance, newly discovered evidence claims fail

State v. Robert C. Washington, 2018AP1771-CR, District 1, 10/8/19 (not recommended for publication); case activity (including briefs) Washington was convicted of first degree reckless homicide and first degree reckless injury for shooting his two sons, killing one and injuring the other. He argues his lawyer was ineffective for advising him to plead without discussing possible […]
Source: WI Public Defenders – On Point
Ineffective assistance, newly discovered evidence claims fail

Categories
1. Appeals 15. Evidence 3. Civil Commitments 4. Character, 904.04 45. WI Court of Appeals 8. Appeals 8. Discretionary decision A. Ch. 51, Mental health a. Forfeiture of issues C. Unpublished Opinions D. Relevance, Ch. 904 d. Undeveloped argument K. Standards of Review

COA upholds admission of prior confrontations with police in disorderly conduct trial

State v. Eric L. Vanremortel, 2018AP417, 9/4/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Vanremortel was charged with disorderly conduct for an incident in which he followed the wife of a retired police officer in her car, then repeatedly got out of his own car and shouted at her. The state […]
Source: WI Public Defenders – On Point
COA upholds admission of prior confrontations with police in disorderly conduct trial

Categories
1. Appeals 28. Weight of authority 4. Procedure 45. WI Court of Appeals 9. Crimes B. Chs. 343-346: Traffic offense C. Unpublished Opinions d. Law of the case f. Retroactivity K. Standards of Review Refusal Hearing

Second attempt to challenge 1995 license revocation fails, too

State v. Robert E. Hammersley, 2018AP1022, District 3, 7/30/19 (one-judge decision; ineligible for publication); case activity (including appellant’s brief) Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), doesn’t provide a basis to void the revocation of Hammersley’s driver’s license back in 1995 for refusing a blood alcohol test after his OWI arrest. Hammersley argues […]
Source: WI Public Defenders – On Point
Second attempt to challenge 1995 license revocation fails, too

Categories
1. Appeals 1. Original commitment 26. Sufficiency of evidence 3. Civil Commitments A. Ch. 51, Mental health f. 51.20(1)(a)2. Dangerousness Important Posts K. Standards of Review Pending in SCOW

SCOW will review the petitioner’s burden on dangerousness in ch. 51 cases

Marathon County v. D.K., 2017AP2217, petition for review granted 7/10/19; case activity As our prior post noted, the court of appeals upheld D.K. (or “Donald”)’s commitment against his challenge to the sufficiency of the evidence. The supreme court has now agreed to decide whether the testimony of the examining physician, who was the sole witness […]
Source: WI Public Defenders – On Point
SCOW will review the petitioner’s burden on dangerousness in ch. 51 cases

Categories
1. Appeals 1. Curative Instruction 15. Evidence 24. Jury 26. Sufficiency of evidence 3. Prejudice, 904.03 4. Character, 904.04 45. WI Court of Appeals 5. Evidence 9. Crimes C. Unpublished Opinions D. Ch. 940: Against life/body D. Relevance, Ch. 904 F. Instructions K. Standards of Review

Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed

State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But […]
Source: WI Public Defenders – On Point
Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed