On Point

State v. Jermaine L. Rogers, 2013AP992-CR & 2013AP993-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication); case activity: 2013AP992-CR; 2013AP993-CR The trial court properly exercised its discretion in granting joinder under § 971.12(1) of two cases involving human trafficking, sexual assault, attempted pandering, and child enticement charges against two different victims, P.R. and K.D. Relying […]

State v. Eddie Lee Anthony, 2013AP467-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication), petition for review granted 8/5/14, affirmed, 2015 WI 20; case activity Right to Testify The trial court held that Anthony, charged with first degree intentional homicide, forfeited his right to testify based on Anthony’s “incessant” refusal to accept […]

Village of Hales Corners v. David E. Adams, 2013AP1128, 1/14/13, District 2  (1-judge opinion, ineligible for publication); case activity Welcome to another court of appeals decision holding that police had reasonable suspicion to stop a person for drunk driving.  In this particular case, an informant tipped off a police dispatcher, who then informed an officer in […]

Review of unpublished court of appeals decision; case activity Issues (composed by On Point) Did the trial court err in instructing the jury that voluntary consumption of any drug precludes a finding of “mental defect” under § 971.15, where the defendant claimed he suffered from a temporary mental defect based in part on his use of a […]

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 […]

Here’s an issue in search of a published decision.  In 2011, Wisconsin amended Wis. Stat § 907.02 to require circuit courts to apply the Daubert test for the admissibility of expert testimony. Thus far, no Wisconsin appellate court has interpreted and applied the new § 907.02, so we don’t know the standard for reviewing circuit court decisions pursuant […]

Polk County  Human Services Dep’t v. Boe H., 2013AP1719, District 3, 1/14/13 (not recommended for publication); case activity This appeal turns on the court of appeals’ application of the law of the case doctrine,  so it’s necessary to recap some procedural history. After a jury found Boe mentally ill, a proper subject for treatment, and […]

State v. Jesse J. Delebreau, 2014 WI App 21, petition for review granted, 5/23/14, affirmed, 2015 WI 55; case activity You remember State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W.2d 741? That’s the one that considered whether Montejo v. Louisiana, 556 U.S. 778 (2009), upended the Wisconsin rule that police may not question […]

State v. Fontaine Washington, 2011AP2462-CR, District 1, 1/17/14; court of appeals decision (not recommended for publication); case activity Washington fled from officers trying to stop the car he was driving. (¶2). Before Washington was finally stopped and arrested, the officers in pursuit saw him throw something “shiny” out the car window; a search of the […]

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 […]