On Point

State v. Cody Phillips, 2014 WI App 3; case activity

This case reached the court of appeals via a petition for leave to appeal a non-final order.

The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a child.  At the State’s request, the juvenile court waived Phillips into adult court on both counts and ultimately pled no contest to two counts of 2nd-degree sexual assault of a child. 

State v. George A. Trinka, 2013AP539, District 2, 12/18/13; (not recommended for publication); case activity

A jury found Trinka guilty of 1st-dgree reckless homicide and 1st-degree recklessly endangering safety, both with use of a weapon.  The issue on appeal was whether the trial court erred in allowing the State to introduce into evidence a family photograph of the victim, his wife, and their children.  Trinka argued that the photo was irrelevant and prejudicial in that it improperly invoked the jury’s sympathy. 

Review of unpublished per curium court of appeals decision; case activity

Issue (from state’s petition for review)

Whether, if it was error for the trial court to prevent a defense witness from testifying about particular facts relevant to the defense, the error was harmless.

Hunt was charged with child sexual assault and causing a child to view a depiction of sexual activity, the latter charge based on an alleged video on Hunt’s cell phone showing a man and woman having intercourse.

Review of unpublished per curiam court of appeals decision; case activity

Issues (composed by On Point)

Did the adult court lose jurisdiction or competency to proceed against a juvenile by failing to make a specific finding at the preliminary hearing that there was probable cause to believe the juvenile committed an offense that gave the adult court jurisdiction over the juvenile?

Did the circuit court erroneously exercise its discretion in denying Toliver’s motion for “reverse”

Review of unpublished per curiam court of appeals decision; case activity

Issue (composed by On Point)

In deciding whether trial counsel was ineffective for failing to call a witness, did the postconviction court err by deciding trial counsel’s failure to present the witness was not prejudicial because the witness was not credible?

Unlike electronically filed briefs in criminal cases, petitions for review are not available on the court’s website.

Review of unpublished per curiam court of appeals decision; case activity

Issue (composed by On Point)

Does harmless error analysis apply when a trial judge erroneously denies a defendant the right to testify in her own defense?

Nelson wanted to testify in her child sexual assault trial, and the court engaged in a colloquy with her about waiving her right to remain silent, see State v.

Review of 2 unpublished per curiam court of appeals decisions in 2 unrelated cases now joined for purposes of oral argument.

State v. Carlos A. Cummings, District 4 court of appeals decision, case activity

State v. Adrean L. Smith, District 1 court of appeals decision, case activity

Cummings and Smith both present the question of whether defendants invoked their 5th Amendment right to cut off police interrogations. 

State v. Daniel R. Folkman, 2013AP1363-CR, District 3, 12/17/13; court of appeals decision (1-judge; ineligible for publication); case activity

A deputy on patrol checked the license plate of an oncoming car. The check showed the car belonged to Folkman. The deputy then checked Folkman’s license status, which was expired, so the deputy stopped the car, ultimately resulting in Folkman’s arrest for OWI. (¶2). The court of appeals rejects Folkman’s claim the deputy needed some valid reason to initiate the registration and license checks.

Question Presented:

Whether the government must prove that the defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. § 1344.

Lower court decision: United States v. Loughrin, 710 F.3d 1111 (10th Cir. 2013)

Docket

Scotusblog page

Are you defending someone charged with federal bank fraud under 18 U.S.C.

Kansas v. Cheever, USSC No. 12-609, 12/11/13

United States Supreme Court decision, reversing Kansas v. Cheever, 284 P.3d 1007 (Kan. 2012).

The Supreme Court unanimously holds that “where a defense expert who has examined the defendant testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence from a court-ordered psychological examination for the limited purpose of rebutting the defendant’s evidence.”