On Point blog, page 44 of 50
Closing Argument: Prosecutorial Misconduct – Interest-of-Justice Review
State v. Clifford D. Bvocik, 2010 WI App 49; for Bvocik: James C. Murray
Prosecutorial Misconduct – Closing Argument
Improper prosecutorial closing argument—encouraging jury to draw false inference—requires new trial in interest of justice; State v. Robert H. Weiss, Jr., 2008 WI App 72, controlling:
¶1 State v. Weiss, 2008 WI App 72, ¶¶15-17, 312 Wis. 2d 382,
State v. Bradley A. Krahn, 2009AP2406-CR, Dist II 2/3/10
court of appeals decision (not for publication); BiC; Resp Br; Reply
Transport in Squad Didn’t Convert Stop to Arrest
Temporary detention for OWI not converted to arrest by transport, in squad while handcuffed, to police station where field sobriety tests could be performed safely; court notes that officer expressly told Krahn detention was temporary and that handcuffs and transport were for safety,
State v. Marvin L. Beauchamp, 2010 WI App 42
court of appeals decision, affirmed, 2011 WI 27; for Beauchamp: Martin E. Kohler, Craig S. Powell; case activity
Dying Declaration, § 908.045(3)
¶8 … dying declaration, codified in Wisconsin Stat. Rule 908.045(3): “A statement made by a declarant while believing that the declarant’s death was imminent, concerning the cause or circumstances of what the declarant believed to be the declarant’s impending death.” Under established law,
Appellate Procedure – Standard of Review – Competency of Defendant (pre-2010 Caselaw)
Go: here.
State v. Deon Bernard Howell, 2008AP3116-CR, Dist I, 1/26/10
court of appeals decision (not recommended for publication)
Probable Cause to Arrest
Probable cause to arrest Howell, where he showed up at drug house after police were executing search warrant and had found photo of him throwing gang signs plus he matched description of drug dealer in warrant application.
State v. Donovan M. Burris, 2009AP956-CR, Dist I, 1/26/10, Wis SCt review granted 9/21/10
court of appeals decision (not recommended for publication), reversed, 2011 WI 32; for Burris: Byron C. Lichstein; BiC; Resp.; Reply
Answer to Jury Question – Misleading Definition of “Utter Disregard”
Trial court answer to jury question misleading as to whether jury could consider post-shooting conduct as bearing on “utter disregard” element, entitling Burris to new trial.
State v. Roosevelt M. Williams, 2009AP205-CR, Dist I, 1/26/10
court of appeals decision (not recommended for publication)
Closing Argument – Arbitrary Time Limit
30-minute time limit on defense closing upheld, ¶¶20-24. Moreover, majority not persuaded that closing counsel never had opportunity to make would have persuaded jury, ¶25-26. Judge Fine dissents, stressing significance to trial process of closing argument, ¶¶27-32.
State v. Jesse Becerra, 2009AP600-CR, Dist I, 1/20/10
court of appeals decision (not recommended for publication)
Kidnapping – “Held to Service against Will”
“Held to service against will” element of kidnapping satisfied by “commands for information,” namely “interrogating [victim] as to where she was during the evening and who she was with,” ¶24.
State v. Eric D. Genge, 2009AP1379-CR, Dist II, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Probation Extension, Unpaid Restitution
Probation properly “extended to get more substantial payments towards his restitution obligation”; caselaw prohibition on “debt collection” extensions limited to where record “teeming with substantial reasons not to extend”; extension here served salutary purpose of allowing Genge to seek PTSD treatment.
State v. Jerry L. Miller, 2009AP1509-CR, Dist I, 1/20/10
court of appeals decision (1-judge; ineligible for publication)
Statement against Interest, Exculpating Defendant
Against-interest statement exculpating defendant admissible. Declarant unavailable, given reasonable but unsuccessful efforts to subpoena. Contrary to trial court, statement not ambiguous but was direct admission of crime and corroborated by having been made to different people on different occasions.