On Point blog, page 1 of 1
COA holds state adduced new evidence and satisfied burden at second prelim
State v. Carlos Aguilar, 2022AP1826, 10/5/2023, District 4 (not recommended for publication); case activity (including briefs)
The state charged Aguilar with false imprisonment, which is a felony, and several misdemeanors relating to a domestic incident. At the original prelim, the circuit court dismissed the felony charge as not supported by probable cause. The state refiled and a second prelim was held, at which the state presented some additional testimony and some body cam footage. The circuit court again held there was not probable cause for the false imprisonment count, and again dismissed it. The state appealed. The court of appeals now reverses, rejecting Aguilar’s argument that the refiling should not have been allowed, and holding that the state showed probable cause at the second prelim; it thus remands for the case to proceed.
Defense win: year-long wait for initial appearance requires dismissal w/o prejudice
State v. Christopher S. Butler, 2021AP177, 5/9/23, District 3 (not recommended for publication); case activity (including briefs)
The state charged Butler with multiple sexual assaults of children. These charges resulted in a probation hold that lasted about four months; the ALJ did not revoke Butler and the hold was terminated. But Butler’s new charges were still pending, and he remained in jail for about another seven months while the public defender tried to find a lawyer to represent him. When that lawyer finally came on board, Butler had his initial appearance and then his prelim–about 11 months after he’d been arrested. Butler pleaded not guilty and his new attorney moved to dismiss the charges, arguing that the long delay had deprived the circuit court of personal jurisdiction. The trial court denied the motion, but the court of appeals granted Butler’s petition for interlocutory appeal. It now reverses and requires dismissal of the charges without prejudice.
Statute authorizing hearsay at prelims doesn’t violate ex post facto prohibition
State v. David E. Hull, 2015 WI App 46; case activity (including briefs)
The recently enacted statute allowing the admission of hearsay evidence at preliminary hearings is not an unconstitutional ex post facto law because it affects only the evidence that may be admitted at the preliminary hearing and does not alter the quantum or nature of evidence necessary to convict the defendant. In addition, the court commissioner properly refused to allow Hull to call the alleged victim to testify at the preliminary hearing because the anticipated testimony was not relevant to the probable cause inquiry.