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6. Sanctions

County of Milwaukee v. Ross J. Romenesko, 2017AP1042-1044, 6/19/18, District 1, (1-judge appeal, ineligible for publication); case activity (including briefs) Romenesko prevailed below–the circuit court (1) suppressed a revised report relating to his blood sample, (2)  precluded but one of its experts from testifying, and eventually (3) dismissed the the OWI 1st offense and operating… Read More

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State v. Timothy P. Gregory, 2016AP1265-CR, District 2, 3/14/18 (not recommended for publication); case activity (including briefs) In this lengthy decision, the court of appeals rejects multiple challenges Gregory makes to his convictions for child sexual assault that occurred in 1997. Because of the number of issues and their fact-intensive nature, this post will simply list the… Read More

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State v. William J. Thurber, 2015AP161-CR, 7/27/16, District 2 (not recommended for publication); case activity (including briefs) “Was Thurber’s trial a game being played or was it a trial designed to search for the truth? Thurber is certainly no angel as evidenced by his current long-term incarceration for crimes apart from this case. I believe the… Read More

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Spare the rod, spoil the State

State v. L.C., 2016AP81, 5/25/16, District 2 (1-judge opinion; ineligible for publication; case activity That sums up the court of appeals’ decision in this juvenile delinquency case.  The State failed to timely provide the defense with a copy of L.C.’s recorded confession and a witness list before trial. The circuit court and court of appeals shrugged… Read More

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State v. Caroline D. Prieto, 2016 WI App 15; case activity (including briefs) Nearly three years after the defense demand, and a year after the first (of two) court orders to produce a witness list, the state still hadn’t done so. The circuit court’s response? No list, no witnesses. The state appeals and… The appellate… Read More

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State v. Brent T. Novy, 2013 WI 23, affirming 2012 WI App 10; case activity Evidence excluded from state’s case-in-chief because of discovery violation is admissible as rebuttal evidence The trial court excluded the state from presenting fingerprint evidence in its case-in-chief because the state failed to properly disclose the evidence under Wis. Stat. §… Read More

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Discovery – Witness List Violation

State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717 For Guzman: Robert E. Haney Issue: Whether the trial court properly excluded a defense witness who had not been timely named as a witness. Holding: ¶22 The record supports the trial court’s discretionary decision to exclude Rosado’s testimony. Guzman was… Read More

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