On Point: 30. Pretrial proceedings

State v. David J. Galarowicz, 2012AP933-CR, District 3, 12/11/12

court of appeals decision (1 judge; not eligible for publication); case activity

Galarowicz was not denied his right to a unanimous jury verdict on one count of disorderly conduct where the evidence showed an incident of disorderly conduct with the victim in the residence and additional conduct with the same victim in the residence after a twenty-minute pause. 

State v. Darryl J. Badzinski, 2011AP2905-CR, District 1, 11/27/12; court of appeals decision (not recommended for publication), petition for review granted 4/18/13; reversed, 2014 WI 6; case activity

Complaint – Adequate Notice (Child Sexual Assault) – Waived Objection 

Badzinski waived his objection to the complaint – counsel conceded, at a motion to dismiss because of vagueness,

State v. Joshua A. Prescott, 2012 WI App 136; case activity

Felon-in-possession, § 941.29, was properly joined for trial with reckless injury by use of dangerous weapon:

¶17      Based on our review of the record, we agree with the trial court that the charges were properly joined. The felon in possession and reckless injury charges were “based on the same act or transaction.” See Wis.

State v. Michael Anthony Lock, 2012 WI App 99 (recommended for publication); case activity

Other-Acts Evidence 

Lock was tried and convicted for homicide, kidnapping and possession with intent to deliver. The State elicited testimony from numerous witnesses to the effect that Lock headed a vast criminal enterprise, of which these crimes were a part in that the two homicide victims were drug dealers, whom Lock killed (or ordered killed) over drug money.

State v. Harry Thompson, 2012 WI 90, reversing unpublished decision; case activity

Section 970.02(1)(a) imposes several mandatory duties at initial appearance: the judge must inform the defendant of the charge, furnish him with a copy of the complaint, and personally inform him of the penalties for any felonies in the charge; and, the complaint must set forth the possible penalties, ¶62. These obligations apply to any offense in the complaint carrying a mandatory minimum sentence, 

on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity

Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment 

Issues (Composed by On Point): 

1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1).

2.

on review of published decision; for Novy: Bridget E. Boyle; case activity

Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror 

Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues: 

1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating discovery rules is thereby rendered inadmissible at all stages,

Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12

court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599

TPR – Severance 

On joint trial for termination of parental rights, Scott’s disruptive conduct didn’t necessitate grant of severance motion by Amanda. 

State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12

court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity

Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions:

¶17      To begin, we conclude that the amended information properly notified Benson of the charges against him.  The counts were set forth with enough specificity to allow Benson to plead and defend himself and to protect him from being tried twice for the same offense.  

court of appeals certification, review granted, 6/13/12; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity

Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment

Convicted of reckless homicide, § 940.06(1), in the death of their daughter for failing to obtain medical treatment, the Neumanns raise various issues relating to interplay with the right to rely on prayer as treatment,