On Point

Village of DeForest v. Michael Brault, 2014AP2398, District 4, 4/16/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Brault’s challenge to the sufficiency of the evidence for his conviction for OWI 1st is frivolous, so sanctions under Rule 809.25(3) are appropriate.

State v. Frank D. Roseti, 2014AP2299-CR, District 2, 4/15/15 (one-judge decision; ineligible for publication); case activity (including briefs)

A claim that trial counsel was ineffective for failing to object to an alleged discovery violation falls short because the defendant does not develop an argument as to why an objection would have prevailed.

State v. James Richard Coleman, 2015 WI App 38; case activity (including briefs)

Coleman’s trial lawyer was ineffective for telling the jury Coleman would testify when Coleman had never said he intended to testify; for telling the jury that Coleman had a prior criminal conviction; and for failing to impeach the victim’s allegations by eliciting inconsistent statements she made to other witnesses.

Check out this new study: Gideon by the Numbers: Emergence of Evidence-Based Practices in Indigent Defense by Jennifer Laurin at the University of Texas Law School. Note to Chapter 980 aficionados: Are men genetically predisposed to commit sex crimes? There’s a new report out on this subject too. Still reeling from the Badgers defeat in the […]

State v. Roberto F. Orozco-Angulo, 2014AP1744-CR, District 2, 4/8/15 (one-judge decision; ineligible for publication); case activity (including briefs)

The procedure used to obtain a telephonic search warrant for a blood draw following Orozco-Angulo’s arrest for OWI and his refusal to submit to a blood test complied with the requirements of § 968.12(3) and therefore suppression of the evidence was not appropriate.

State v. Jesse L. Schmucker, 2014AP165-CR, District 2, 4/8/15 (one-judge decision; ineligible for publication); case activity (including briefs)

The evidence was sufficient to sustain the jury’s finding of guilt of an attempt to violate § 942.09(2)(am)1., which criminalizes capturing a representation that depicts nudity without the knowledge or consent of the person who is depicted nude in circumstances where that person had a reasonable expectation of privacy, even though the victim was not nude and the offense occurred while the victim was in the check-out line at a grocery store.

State v. James Elvin Lagrone, 2013AP1424-CR, District 1, 4/7/15 (not recommended for publication), petition for review granted 9/9/15; affirmed 2016 WI 26; case activity (including briefs)

Does a defendant who has raised an NGI defense have the right to testify in the mental responsibility phase of the NGI proceeding? That’s the novel issue in this case. But the court of appeals doesn’t decide the question. Instead, the court ignores relevant binding case law and, relying on a case that doesn’t apply, concludes that if Lagrone had the right to testify, any error in denying it was harmless.

State v. Sherwood A. Lebo, 2014AP730-CR, District 3, 4/7/15 (not recommended for publication); case activity (including briefs)

Lebo failed to make a prima facie showing that his right to counsel was violated in two prior OWI proceedings because he didn’t point to specific facts demonstrating that he did not know or understand information that should have been provided during the waiver of counsel colloquy, as required by State v. Ernst, 2005 WI 107, ¶¶25-26, 283 Wis. 2d 300, 699 N.W.2d 92.

State v. Nathan M. Caffero, 14AP1711-CR, District 3, 4/7/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Despite the trial testimony of Muxlow, Caffero’s girlfriend, that she was the person who caused the fire in their apartment by putting lit incense on top of a toilet paper roll, Caffero’s own admissions to the police gave the jury a basis to infer he subsequently handled the smoldering roll and that he did so negligently. Therefore, the evidence is sufficient to support his conviction for violating § 941.10.

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