December 2010

State v. Joseph J. Spaeth, 2009AP2907-CR, District 2, 12/29/10

December 31, 2010

certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity; Spaeth BiC; State Resp.; Reply Review granted 2/8/11 ISSUE In Kastigar v. United States, 406 U.S. 441, 453, 460 (1972), the United States Supreme Court held that the government may compel incriminating testimony so long as it comes with a grant of […]

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Fond du Lac County v. D. T. Kedinger, 2010AP712, District 2, 12/29/10

December 30, 2010

court of appeals decision (1-judge, not for publication); pro se; case activity; State Resp. Interpreter ¶6        We begin with Kedinger’s claim that he was improperly denied an interpreter.  In Strook v. Kedinger, 2009 WI App 31, ¶¶19, 21, 316 Wis. 2d 548, 766 N.W.2d 219, we noted that once a party properly notifies […]

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Juvenile Delinquency – Waiver Investigation Hearing

December 30, 2010

State v. Tyler T., 2010AP784, District 2, 12/29/10 court of appeals decision (1-judge, not for publication), affirmed, 2012 WI 52; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity The prosecution isn’t prevented from appearing at a waiver recommendation staffing by the local health and human services agency, notwithstanding absence […]

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Confrontation – Generally – Forfeiture by Wrongdoing – Harmless Error; Other Acts Evidence: Pornography (& Intent to Kill); Consent to Search; Judicial Bias

December 30, 2010

State v. Mark D. Jensen, 2011 WI App 3; prior history: 2007 WI 26; for Jensen: Terry W. Rose, Christopher William Rose, Michael D. Cicchini; case activity; (Jensen BiC not posted); State Resp.; Jensen Reply Confrontation – Generally The Confrontation Clause regulates testimonial statements only, such that nontestimonial statements are excludable only under hearsay and other […]

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Search Incident to Arrest: Automobile

December 28, 2010

State v. Tracy Smiter, 2011 WI App 15; for Smiter: Mayaan Silver; case activity; Smiter BiC; State Resp.; Reply During a routine traffic stop, passenger Smiter threw out of the window a substance the officer concluded was a marijuana blunt. Smiter was arrested for possession of marijuana (he concedes on appeal probable cause for […]

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Counsel – Waiver; Plea-Withdrawal – Issuance of Worthless Check – Elements

December 28, 2010

State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10 court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp. Counsel – Waiver The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed […]

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Maintaining Drug Trafficking Place, / Possession with Intent to Deliver, PTAC- Insufficient Proof

December 24, 2010

State v. Cham Okery Omot, 2010AP899, District III court of appeals decision (3-judge, not recommended for publication); for Omot: Tyler William Wickman; case activity; Omot BiC; State Resp.; Reply Evidence held insufficient to sustain convictions for maintaining drug trafficking place, § 961.42(1), and possession with intent to distribute THC , § 961.41(1m)(h)1., both as party […]

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Maintaining Drug Trafficking Place, / Possession with Intent to Deliver, PTAC- Insufficient Proof

December 24, 2010

State v. John M. Eaton, 2010AP1170-CR, District 4, 12/23/10 court of appeals decision (1-judge, not for publication); for Eaton: Chad A. Lanning; case activity; Eaton BiC; State Resp.; Reply Traffic stop upheld where: “vehicle weave(d) in a pronounced manner within tis own lane of traffic”; vehicle came to complete stop […]

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Jury – Deliberations – Sequestration

December 24, 2010

State v. Bradley A. Brandsma, 2010AP1429-CR , District 4, 12/23/10 court of appeals decision (1-judge, not for publication); for Brandsma: Anthony J. Jurek; case activity; Brandsma BiC; State Resp.; Reply Trial courts have “very broad discretion” under § 972.12 to allow a deliberating jury to separate overnight before returning to resume […]

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Warrantless Entry: Community Caretaker Exception

December 23, 2010

State v. Kathleen A. Ultsch, 2011 WI App 17(recommended for publication); for Ultsch: Shelley Fite, SPD, Madison Appellate; case activity; Ultsch BiC; State Resp.; Reply Warrantless entry into a home, supposedly to check on the well-being of a suspected drunk driver just involved in an accident, wasn’t justified under the community caretaker […]

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