On Point blog, page 28 of 68
State v. Ramon G. Gonzalez, 2012AP1818, petition for review granted 1/19/14
Review of an unpublished court of appeals opinion; case activity; prior On Point post here.
Issue:
Whether ordering a defendant to open his mouth and reveal his platinum teeth to the jury violated his Fifth Amendment right against self-incrimination?
So, this case may boil down to whether forcing the defendant to show his platinum teeth is any different from forcing him to give fingerprints or a blood sample.
Statements to police during ambulance ride, and later while cuffed to bed in ICU, deemed voluntary
State v. Stanley K. Bullock, 2014 WI App 29, case activity
How “voluntary” does this sound to you?
The defendant was convicted of 1st-degree reckless homicide for the stabbing death of his girlfriend. He said that masked attackers broke into their apartment and stabbed him and his girlfriend. He called 911. The responding paramedics found the defendant conscious with stab wounds and his girlfriend dead. During his ambulance ride to the hospital (and while experiencing pain and disorientation),
Admission of other-acts evidence wasn’t error; trial court properly denied mistrial motion
State v. Timothy A. Jago, 2013AP1084-CR, District 1, 2/4/14; court of appeals decision (not recommended for publication); case activity
Trial counsel was not ineffective for failing to move in limine to exclude other-acts evidence–specifically, evidence that Jago told the victim he has only pointed a gun at two people in his life, the victim and the man he killed in Illinois. (¶¶4, 16, 19). Jago’s trial lawyer reasonably relied on an agreement with the prosecutor to keep this statement out of evidence.
Wisconsin Supreme Court: When a defendant raises self-defense, evidence of a victim’s reputation for violence is admissible to show who was the first aggressor even if the defendant was unaware of that reputation
State v. Curtis L. Jackson, 2014 WI 4, affirming an unpublished court of appeals decision; majority opinion by Justice Ziegler; Justice Bradley concurs; Chief Justice Abrahamson dissents; case activity
In a decision that clarifies the rules regarding evidence of the victim’s character in cases involving self-defense, the supreme court holds that a defendant may present evidence about the victim’s reputation for violence even if the defendant was not aware of that reputation at the time of the offense.
State v. Raphfeal Lyfold Myrick, 2012AP2513-CR, petition for review granted
Review of a published court of appeals decision; case activity
Issues (composed by On Point):
Wis. Stat. § 904.10 provides that evidence of statements that a person made in court in connection with an offer to the prosecuting attorney to plead guilty or no contest to the crime charged or any other crime is not admissible in any criminal proceedings against the person who made the offer.
Video of robbery taken by private surveillance camera was properly authenticated
State v. Robert Vincent McCoy, 2012AP2583-CR, District 1, 1/7/14; court of appeals decision (not recommended for publication); case activity
An armed robbery outside a bar was caught on the security camera of a nearby homeowner, who gave a copy of the video to the police by uploading it on YouTube and emailing it to the police. The video was used to identify McCoy and then “burned” to a DVD and played at his trial.
Court rejects argument that waiver of counsel was involuntary because it was not “free from financial constraint”
State v. Gregory Garro, 2013AP342-CR, District 1, 12/27/13; court of appeals decision (not recommended for publication); case activity
Garro waived the right to counsel before trial after two retained lawyers withdrew because he couldn’t pay them. (3). Garro told the court he couldn’t afford the fees quoted by the lawyers, but did have some money to hire counsel. (4). After being given time to look for a lawyer he could afford,
Do dentures distort breathalyzer test results?
State v. Mark K. Schrick, 2013AP1166-CR, District 4, 12/27/13 (1-judge decision, ineligible for publication); case activity
Actually, this case concerns more than just dentures. A jury convicted Schrick of operating a vehicle with a prohibited alcohol concentration in violation of §346.63(1)(b). On appeal, Schrick challenged (1) the trial court’s decision to deny his motion for a directed verdict, (2) the sufficiency of the evidence supporting his conviction, and (3) a jury instruction saying that by statute the administered breath test was considered accurate.
Trial counsel was not ineffective for failing to object to testimony about recorded conversations in Spanish between the defendant and the victim
State v. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity
Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded conversations in Spanish between Figueroa and J.R., who alleged Figueroa had sexually assaulted her several years ago, when she was a child. (During one conversation J.R. wore a wire and spoke with Figueroa in person;
State v. Luis M. Rocha-Mayo, 2011AP2548-CR, petition for review granted
Review of per curiam court of appeals decision; case activity
Issue (composed by On Point)
Whether Wis. Stat. § 343.303, which bars the admission of certain preliminary breath test results in motor vehicle prosecutions, applies to PBT results obtained by Emergency Room staff?
Issue (again, composed by On Point)
WIS JI- Criminal 1185, which is based upon § 885.135(2g)(c), permits a jury to find a defendant was intoxicated at the time of an accident if it is satisfied beyond a reasonable doubt that the defendant’s alcohol level was 0.08 or greater.