On Point

Review of published court of appeals decision; case activity

Issue (composed by On Point)

Was Nellessen entitled to an in camera review under Wis. Stat.§ 905.10(3)(b) to determine whether an informant may be able to give testimony necessary to a fair determination of the issue of guilt or innocence, when the defendant claims she was unaware there were controlled substances in the trunk of her car,

Review of unpublished court of appeals decision; case activity

Issue (composed by On Point)

Was Vogt seized for purposes of the Fourth Amendment when a police officer pulled up behind Vogt’s parked car, approached the car, rapped on the driver’s window, and directed Vogt to roll the window down?

Petitions for review aren’t available on the court’s website, so the issue statement is based on the brief filed in,

State v. Michael L. Cramer, 2012AP2547; District 1; October 15, 2013 (not recommended for publication); case activity

A jury convicted Cramer of 1st-degree reckless homicide for the death of his 10-week old son.  Both the Milwaukee County medical examiner and the attending physician testified for the State at trial. In their opinions, the baby died from blunt force injuries, including trauma to the head and brain.  The defendant’s expert testified that the baby’s injuries were caused by “resuscitated Sudden Infant Death Syndrome.”  

Questions presented:

1.  Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a fact “material to the lawfulness of the sale” of the firearm under 18 U.S.C. § 922(a)(6)?

2.  Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a piece of information “required … to be kept” by a federally licensed firearm dealer under § 924(a)(I)(A).

State v. Deborah A. Nixon, 2013AP822-CR, District 2, 10/16/13; court of appeals decision (1-judge; ineligible for publication); case activity

Nixon was at the home of a friend who called the police because Nixon was being disorderly and wouldn’t leave; Nixon did leave for a while, but when she returned her friend called police again, who came and ended up arresting her for OWI. (¶2). At trial she testified that she drank as many as three beers after driving back to her friend’s house,

State v. Rodney Vincent McToy, 2013AP832-CR, District 1, 10/15/13, (1-judge; ineligible for publication); case activity

McToy pled guilty to two charges of misdemeanor bail jumping stemming from a domestic dispute with Ms. H. The parties briefed a straightforward Gallion issue:  Did the Milwaukee County Circuit Court erroneously exercise its discretion when it failed to provide a “rational and explainable basis” for the sentence it imposed—200 days in jail for one count and 2 years probation for the other?

State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity

This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim.  The 2nd element requires that the defendant know that his vehicle was involved in an accident involving a person.  The problem here was that Sperber was driving in the dark on wet roads flanked by blackened snowbanks.  

State v. Raynard Rashawn Jackson, 2012AP1854, 2012AP1861, and 2012AP1862, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity: 2012AP1854; 2012AP1861; 2012AP1862

Jackson was alleged to have been involved in a shooting, and as part of their investigation the police constructed a photo array to show to three eyewitnesses, all of whom identified Jackson. (¶¶2, 10-11). The array consisted of photos of Jackson and five other persons.

State v. Maurice C. Hall, 2013AP209-CR, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity

A competency evaluation found Hall competent to proceed, though his mental health history caused Deborah Collins, the examiner, to “urge court officers to remain sensitive in the event of any significant changes in his overall mental status as such a factor may signal decline in his competency and warrant his reexamination.”

State v. Lewis Allen Stokes, 2012AP2621-CR, District 1, 10/15/13; court of appeals opinion (1-judge; ineligible for publication); case activity

Probable cause to arrest for OWI was established based on: police observations of Stokes speeding and weaving in and out of traffic without signaling at 11:00 p.m.; Stokes’s slurred speech and the strong odor of alcohol on his breath; and Stokes’s argumentative and combative attitude toward the police. (¶¶4-5, 10).