On Point

State v. L.V., 2018AP1065, 1/29/19, District 1 (one-judge opinion; ineligible for publication); case activity

The defense moved to exclude evidence of L.V.’s criminal record prior to his daughter’s birth. The State told the court it had no intention of introducing his criminal record at trial. But when L.V. took the stand, guess who started asking about his criminal record?

State v. Mickey L. Miller, 2017AP2323-CR, 1/29/19, District 1 (not recommended for publication); case activity (including briefs)

Midway through Miller’s trial, the State discovered that two photo arrays had been conducted when both parties thought there had been just one. The State did not immediately disclose this fact. It waited until after the victim testified. The defense obtained a mistrial. The court of appeals holds that double jeopardy did not bar the State from trying Miller again.

….telling an eyewitness which suspect to pick. The New York Times offers a glimpse (complete with photos) of some of the ways lineups, past and recent present, have been unfairly suggestive, here.

Following up on our post from earlier this week, here are some more links to sentencing issues of interest to Wisconsin practitioners.

State v. Nathan Alan Bise, 2017AP1662, District 4, 1/24/19 (one-judge decision; ineligible for publication); case activity (including briefs)

Bise raises three challenges to the finding he improperly refused a breath test. The court of appeals rejects them all.

State v. Jordan Bennett Micklevitz, 2018AP637-CR, District 1, 1/23/19 (not recommended for publication); case activity (including briefs)

The court of appeals rejects Micklevitz’s challenges to the search of his apartment.

State v. William Lester Jackson, 2018AP896-CR, District 1, 1/23/19, (not recommended for publication); case activity (including briefs)

Jackson accidentally shot himself with a firearm that a friend left in his car and then drove himself to a hospital. A detective chained him to his bed because he needed to talk to Jackson but he also had to help with chaos in the ER due to other shootings that night. Two detective later questioned Jackson without Miranda warnings, and he admitted to being a felon in possession.

State v. K.L., 2018AP2180-2183, 1/23/19, District 1; (1-judge opinion, ineligible for publication); case activity

After the circuit court terminated K.L.’s parental rights to 4 of his kids, he appealed arguing that the finding that he failed to assume parental responsibility for his kids was clearly erroneous. The circuit court focused only on the period after the kids were removed from home not on his actions throughout their lives. The court of appeals disagreed:

State v. Robert Billings, 2017AP2272-CR, District 1, 1/15/19 (one-judge decision; ineligible for publication); case activity (including briefs)

Billings sought disclosure of the identity of the confidential informant who supplied information that was used to get a search warrant for his apartment. The circuit court granted his request. The circuit court erroneously exercised its discretion because it didn’t apply the correct legal standard.

City of Crandon v. Lynda Morris, 2017AP2266, District 3, 1/15/19 (one-judge decision; ineligible for publication); case activity (including brief of appellant; respondent didn’t file one….)

The circuit court improperly jumped the gun by ordering Morris’s driver’s license to be revoked for refusal before the 10-day deadline for her to request a refusal hearing. But she never asked for a refusal hearing, and once the deadline to do so passed the circuit court lost competency to undo the revocation—even though the associated OWI 3rd charges were ultimately thrown out after the evidence was suppressed.