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E. Specific motions/hearings

Joinder of charges was valid

State v. James D. Carter, 2016AP1054-CR, District 1, 7/5/17 (not recommended for publication); case activity (including briefs) Carter was charged in a 20-count information with various crimes, most of them involving theft and forgery arising out of a scam Carter perpetrated against multiple victims using the same basic modus operandi in October and November. But he was… Read More

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State v. Raymond L. Nieves, 2017 WI 69, 6/29/17, reversing an unpublished court of appeals opinion, 2014AP1623-CR; case activity (including briefs) Forget the old saws that “appellate courts decide cases on the narrowest possible grounds,” “appellate courts should not reach constitutional issues when another issue is dispositive,” and “the supreme court should not decide issues… Read More

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State v. Glenn T. Zamzow, 2017 WI 29, 4/6/17, affirming a published court of appeals decision; case activity (including briefs) “The Sixth Amendment guarantees that a defendant whose guilt or innocence is at stake at trial may employ the ‘greatest legal engine ever invented for the discovery of truth.’ …. But the Sixth Amendment does not… Read More

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State v. Robert Mario Wheeler, 2016AP55-CR, 2/21/2017, District 1 (not recommended for publication); case activity (including briefs) Robert Wheeler was tried for reckless injury and being a felon in possession of a gun arising out of a single shooting incident. To keep the jury from hearing about his status as a felon, the parties stipulated that… Read More

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State v. A.S.W./State v. J.P.W., 2015AP2119 & 2015AP2120, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity Douglas Yanko was convicted of sexually assaulting a child. Postconviction, he sought access to the juvenile court records of the child’s brothers, A.S.W. and J.P.W., who were also charged with sexually assaulting the child. Yanko asserts there… Read More

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Review of an unpublished court of appeals opinion; case activity (including briefs) Issues (composed by On Point) Whether Nieves’s confrontation right was violated when the trial court permitted a witness to testify about a non-testifying co-defendant’s confession that, by implication, inculpated Nieves. Whether a surviving victim’s testimony that someone had told him Nieves was planning… Read More

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State v. Gary Abdullah Salaam, 2014AP2666-CR & 2667-CR, 9/13/2016, District 1 (Not recommended for publication); case activity (including briefs) Salaam raises four claims challenging his convictions, at jury trial, of recklessly endangering safety, being a felon in possession of a firearm, and three counts of witness intimidation. The court affirms as to the first two… Read More

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No error in joinder, denial of substitution

State v. Joe Bonds Turney, 2015AP1651-CR & 2015AP1652-CR, District 1, 8/30/16 (not recommended for publication); case activity (including briefs) Turney claims the trial court erred in permitting joinder of two cases for trial and in denying his motion for substitution of judge following his arraignment. He also argues he is entitled to an evidentiary hearing on his ineffective… Read More

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