On Point blog, page 56 of 118
Evidence that defendant asked victim to lie and choked her admitted as “other acts” evidence
State v. Daniel K. Rogers, 2012AP186-CR, District 4, 4/17/14; (1-judge opinion, ineligible for publication); case activity
The defendant, having been charged with sexual assault and released on bond, allegedly choked his victim to make her to lie on his behalf at trial. The circuit court admitted this as § 904.04(2) “other acts” evidence at the sexual assault trial, and the COA affirmed because the evidence showed consciousness of guilt.
Trial court erred in relying on the abrogated “interlocking confession” doctrine to deny severance of co-defendants’ trials
State v. John M. Navigato, 2012AP2108-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity
State v. Teddy W. Bieker, 2012AP2693-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity
The circuit court, relying on the district attorney’s assertion of the so-called “interlocking confessions” doctrine, denied Navigato’s and Bieker’s motions to sever their trials on homicide,
Trial court’s failure to explain reasons for sentence saved by postconviction remarks
State v. Venceremos Crump, 2013AP2163-CR, District 1, 3/18/14; court of appeals decision (1-judge; ineligible for publication); case activity
The circuit court articulated its reasons for the sentence imposed on Crump as required by State v. Gallion, 2004 WI 42, ¶17, 270 Wis. 2d 535, 678 N.W.2d 197, in light of the court’s comments in its order denying Crump’s postconviction motion, where it explicitly addressed the three primary sentencing factors and applied those factors to the facts of Crump’s case.
Counting out-of-state “zero tolerance” OWI violations as prior offenses doesn’t violate Equal Protection Clause
State v. Daniel M. Hirsch, 2014 WI App 39; case activity
The equal protection clause isn’t violated by § 343.307(1)(d)‘s differing treatment of Wisconsin and out-of-state” zero tolerance” OWI offenses (which penalize drivers under the legal drinking age who drive with any alcohol concentration).
Hirsch had two prior driver’s license suspensions for violation Illinois’s zero tolerance law. Under § 343.307(1)(d),
Discovery violation didn’t require mistrial, and evidence was sufficient to support possession of firearm conviction
State v. Francisco Luis Canales, 2013AP1435-CR, District 1, 3/11/14; court of appeals decision (not recommended for publication); case activity
Though the state violated its discovery obligation by failing to disclose multiple computer-aided dispatch (CAD) reports describing 9-1-1 calls regarding the incident, the circuit court did not erroneously exercise its discretion in denying Canales’s motion for mistrial after the discovery violation came to light.
A mistrial is appropriate only when there is a “manifest necessity,” for “the law prefers less drastic alternatives,
Incomplete record means no review
State v. Daniel T. Storm, 2013AP2212, District 2, 3/5/13; court of appeals decision (1-judge; ineligible for publication); case activity
The court of appeals rejects Storm’s claim that the circuit court imposed a fine and costs without determining his ability to pay because Storm did not provide a complete record on appeal:
¶4 It would have been nice had Storm provided us with the transcripts of those hearings [to which the circuit court’s written decision referred] so that we could see for ourselves what happened which resulted in the stipulation.
No error in failure to give instructions on lesser included homicide charges where defendant’s trial testimony didn’t support them
State v. Tammy S. Cole, 2013AP947-CR, District 4, 2/27/14; court of appeals decision (not recommended for publication); case activity
The trial court did not err in declining to instruct on second-degree reckless homicide or homicide by negligent handling of a dangerous weapon, as Cole requested at her trial on one count of first degree intentional homicide for shooting Evans, her boyfriend:
¶14 The evidence viewed in the light most favorable to Cole does not support submission of these lesser-included offenses.
State v. General Grant Wilson, 2011AP1803-CR, petition for review granted 1/19/14
Review of a summary disposition, case activity
Issues (lifted from the State’s PFR here)
Did Wilson satisfy the opportunity requirement for presenting third-party-perpetrator evidence under State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984) with respect to Willie Friend?
If the answer to the first question is “yes,” was the error in excluding the Denny evidence harmless beyond a reasonable doubt.?
Court of appeals reverses order for involunatry medication
Eau Claire County v. Mary S., 2013AP2098, District 3, 1/28/14 (1-judge opinion ineligible for publication); case activity
Mary S. was placed under a Chapter 51 mental health commitment and involuntary medication order in 2011, and those orders were extended once. But when the County sought to extend the orders again, Mary objected and argued that the County, which bore the burden of proof, failed to establish that Mary was incompetent to refuse medication,
Court of appeals bungles denial of motion for reconsideration of decision on petition for writ coram nobis
Sawyer County v. Maurice J. Corbin, 2013AP650; 1/22/14; District 3 (one-judge opinion ineligible for publication); case activity
This is an odd little case with some interesting potential. In 2004, Corbine was arrested for OWI and refused to submit to a chemical blood test under implied consent law. Supposedly Corbine received a “notice of intent to revoke operating privilege” but failed to request a refusal hearing, so the court entered default judgment revoking his license.