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B. Recusal

State v. Morris L. Harris, 2009AP2833-CR,  District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read More

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State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); pro se Recusal – Waiver ¶10      Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case… Read More

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State v. Joshua D. Conger, 2010 WI 56, on certification; for Conger: Anthony L. O’Malley; Brief (State); Brief (Conger); Brief (Judge Grimm); Reply (Conger); Amicus (Prosecution Project, UW) Plea Bargain – Rejection A circuit court has post-arraignment authority to reject a proposed plea bargain that would result in amendment to the charge; State v. Kenyon… Read More

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State v. Aaron Antonio Allen, 2010 WI 10

supreme court “decision” (court splits 3-3); for Allen: Robert R. Henak Recusal – Individual Supreme Court Justice – Reviewability The question of whether a claim of bias against one Justice (Gableman) is reviewable by the full court fails to yield a majority. The court splits 3-3 (Justice Gableman not participating), in a total of 5… Read More

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State v. Brian K. Goodson, 2009 WI App 107 For Goodson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The reconfinement judge should have recused himself, given that at original disposition he threatened to impose the maximum if the defendant was returned to court on revocation; State v. Gudgeon, 2006 WI App 143, deemed controlling: ¶12      The same… Read More

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