On Point

State v. Raheem Moore, 2014 WI App 19, petition for review granted, 5/22/14, affirmed, 2015 WI 54; case activity

Moore, a 15-year-old charged with homicide, made incriminating statements to police 11 hours after he was arrested. His most incriminating statement–that he was the shooter and not merely an accomplice–came during a portion of the interrogation that was not recorded as required by § 938.195,

State v. Michael T. Grant, 2013AP515-CR, District 2, 1/15/14; court of appeals decision (not recommended for publication); case activity

Grant was on trial for two counts of sexual assault involving two different victims. (¶¶1, 4-6). During deliberations the jury advised the court it had reached a verdict on one count but could not agree on the other. (¶8). In response the judge suggested taking the verdict the jury reached on the one count,

State v. Lawanda R., 2013AP1661, District 1/4, 1/16/14; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly found that a parent with serious cognitive disabilities (she “functions at the level of a child less than ten years old” (¶8)) was unfit under § 48.415(2) on the sole basis that she failed to meet the conditions established by a continuing CHIPS order for the return of Will,

State v. Jermaine L. Rogers, 2013AP992-CR & 2013AP993-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication); case activity: 2013AP992-CR; 2013AP993-CR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 primarily on State v.

State v. Eddie Lee Anthony, 2013AP467-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication), petition for review granted 8/5/14, affirmed, 2015 WI 20; case activity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 the trial court’s ruling that he was to answer “two” if asked about the number of his prior convictions and Anthony’s physical agitation and irrelevant rants.

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 the vicinity about a possible drunk driver.  Armed with a vehicle description and a license plate number,

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 prescription drug as directed by a doctor?

Did the court of appeals erroneously exercise its discretion in granting a new trial in the interest of justice?

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 any criminal proceedings against the person who made the offer.  

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 to the statute.  The old test for the admission/exclusion of expert testimony wasn’t too complicated,

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 dangerous under the “fifth standard”, Wis. Stat. § 51.20(1)(a)2.e, the circuit court committed him to the DHS for 6 months.