Follow Us

Facebooktwitterrss
≡ Menu

10. Joinder

How to beat the “harmless error” rap

For the 2015 SPD conference, Judge Sankovitz and Attorneys Rob Henak and Melinda Swartz prepared an excellent outline on a problem that plagues many defense lawyers on appeal.  They have a great issue. They win it, but then the court of appeals or supreme court finds the error harmless.  This detailed, well-researched outline walks you… Read More

{ 0 comments }

Review of an unpublished per curiam court of appeals decision; case activity Issues (copied from the State’s PFR here): Crimes may be joined in one trial if they are similar or if they are connected as part of a common plan. Here, the court of appeals reversed Salinas’ conviction because it decided allegations that he… Read More

{ 0 comments }

State v. John M. Lattimore, 2013AP911-CR, District 4, 9/11/14 (not recommended for publication); case activity Lattimore was convicted of 2nd-degree sexual assault with use of force and false imprisonment against S.M.  He appealed trial court decisions to: (1) join a count of 3rd-degree sexual assault against a different victim, M.H., to S.M.’s trial, (2) exclude… Read More

{ 0 comments }

State v. Bruce T. Davis, 2006 WI App 23 For Davis: Russell Bohach Issue/Holding: Misjoined counts were harmful error, notwithstanding a curative instruction, where the only evidence connecting Davis to the crimes were eyewitnesses who, although they ID’ed Davis, gave “quite varied” descriptions to the police, ¶22… Read More

{ 0 comments }