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.

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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.

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State v. James Richard Coleman, 2014AP867-CR, District 1, 4/14/15 (recommended for publication); 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.

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Links to the Latest Legal News!

April 10, 2015

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 […]

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Telephonic warrant for OWI blood draw satisfied § 968.12(3)

April 8, 2015

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) […]

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Evidence was sufficient to convict defendant for attempted “upskirting”

April 8, 2015

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 […]

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Any denial of the right to testify in responsibility phase of NGI trial was harmless

April 8, 2015

State v. James Elvin Lagrone, 2013AP1424-CR, District 1, 4/7/15 (not recommended for publication); 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 […]

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Collateral attack on priors rebuffed due to lack of prima facie showing that right to counsel was violated in prior proceedings

April 8, 2015

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 […]

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Evidence supported conviction for negligent handling of burning material

April 7, 2015

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 […]

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Links to the latest legal news!

April 3, 2015

Ooooh fun! Try these 20 “access to justice” apps. Click here. Did you see the new study on access to counsel in immigration court? Click here. Law firm’s April Fools Day joke backfires here! How we treat the world’s most dangerous criminals here. Plus Norway’s humane approach here. Are the […]

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