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Published 2019

September 2019 publication list

On September 25, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Daniel A. Griffin, 2019 WI App 49 (circuit court properly applied Denny and Sullivan tests to exclude evidence regarding third-party perpetrator) State v. Malcolm J. Sanders, 2019 WI App 52 (prosecutor didn’t violate Batson by… Read More

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August 2019 publication list

On August 28, 2019, the court of appeals ordered the publication of the following criminal law related cases: State v. David Gutierrez, 2019 WI App 41 (circuit court erred in excluding evidence that DNA of other men was found on a victim’s clothing and buccal swab) State v. Medford B. Matthews, III, 2019 WI App… Read More

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Only the state’s evidence is admissible

State v. Daniel A. Griffin, 2019 WI App 49; case activity (including briefs) Someone killed a young child in Griffin’s home. Both Griffin and the child’s mother were present at the time. What evidence was the jury allowed to hear about who committed the crime? If you guessed “any remotely relevant evidence implicating Griffin” (whom… Read More

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July 2019 publication list

We’re a bit slow to report this (we blame the dog days of summer), but on July 31, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Courtney C. Brown, 2019 WI App 34 (extension of stop for seat belt violation to conduct search of car was lawful)… Read More

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State v. Malcolm J. Sanders, 2019 WI App 52; case activity (including briefs) Sanders is black, and the DA struck the only black jurors from serving on his case because, even though they said they could be fair, they had had prior bad experiences with police, including being the subjects of racial profiling. Judges Gundrum… Read More

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Ludicrous is not the same thing as absurd

State v. Medford B. Matthews, III, 2019 WI App 44; case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being in a private… Read More

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State v. David Gutierrez, 2019 WI App 41; case activity (including briefs) The circuit court allowed the state to admit testimony that Gutierrez’s DNA wasn’t found after testing of relevant evidence state as well as testimony about why his DNA might not be found; it did not, however, allow Gutierrez to admit evidence that the… Read More

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June 2019 publication list

On June 26, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Traci L. Kollross, 2019 WI App 30 (filing a citation in municipal court didn’t toll statute of limitations for criminal case based on same conduct) State v. Christopher L. Gee, 2019 WI App 31 (other-acts… Read More

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