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3. Confidential informant

State v. Robert Billings, 2017AP2272-CR, District 1, 1/15/19 (one-judge decision; ineligible for publication); case activity (including briefs) Billings sought disclosure of the identity of the confidential informant who supplied information that was used to get a search warrant for his apartment. The circuit court granted his request. The circuit court erroneously exercised its discretion because… Read More

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State v. Eriberto Valadez, 2014AP2855-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Under State v. Goetz, 2001 WI App 294, 249 Wis. 2d 380, 638 N.W.2d 386, Valadez wasn’t in custody for Miranda purposes during the execution of a search warrant of his home, so the police questioning of him during that… Read More

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State v. Jessica A. Nellessen, 2014 WI 84, 7/23/14, reversing a published court of appeals decision; majority opinion by Justice Gableman; case activity Under the two-step procedure for determining whether a confidential informant’s identity should be disclosed, a court must first determine whether there is reason to believe that the informant “may be able to give… Read More

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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… Read More

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State v. Jessica A. Nellessen, 2013 WI App 46, petition for review granted 10/15/13; case activity Under the two-step procedure for determining whether a confidential informant’s identity should be disclosed, the court must first determine whether there is reason to believe that the informant may be able to give testimony “necessary to a fair determination of… Read More

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State v. Kendrick L. Lee, 2011AP2126-CR, District 4, 3/28/12; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel — failure to present evidence, ineffective cross examination In a necessarily fact-intensive discussion that defies quick summary here, the court of appeals concludes Lee’s trial attorney was not ineffective for failing to… Read More

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State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: ¶33. With the benefit of these above-stated standards, we now move to the second issue: the application of the procedures in this case. The parties here agree, as do we, that it was error for the circuit court to… Read More

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State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: The test for disclosing an informant’s identity under § 905.10(3)(b) is found in the concurrence to State v. Outlaw, 108 Wis. 2d 112, 321 N.W.2d 145 (1982): ¶24. We now reaffirm our holding in Dowe that the concurrence in Outlaw states the test… Read More

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