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31. Prosecutor misconduct

Outagamie County v. J.M.J., 2019AP183, 6/27/19, District 3 (1-judge opinion, ineligible for publication); case activity The parties to this TPR case agreed that they would not bring up J.M.J.’s lack of rights, or the termination of rights, to her other children. But during the trial on grounds, an expert, responding to questions from the County… Read More

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Here is The New Yorker’s review of Emily Bazelon’s new book, Charged, which looks at two cases where prosecutorial misconduct put 2 people through hell, why bail is hard to get, and why public defenders are often inadequate… Read More

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State v. Robert Brian Spencer, 2017AP1722-CR, 4/16/19, District 1 (not recommended for publication); case activity (including briefs) Spencer raised many issues on appeal: insufficient evidence to support his conviction, multiple ineffective assistance of counsel claims, and a Brady violation. This post focuses on the 2 most interesting claims: ineffective assistance for failure to move to… Read More

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State v. Gerrod R. Bell, 2018 WI 28, 4/10/18, affirming an unpublished court of appeals opinion, 2015AP2667-2668-CR; case activity (including links) A defendant is presumed innocent until the State proves him guilty beyond a reasonable doubt. That’s what the Constitution says. Yet, in this child sexual assault case, the State cleverly told jurors that they… 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State v. Timothy P. Gregory, 2016AP1265-CR, District 2, 3/14/18 (not recommended for publication); case activity (including briefs) In this lengthy decision, the court of appeals rejects multiple challenges Gregory makes to his convictions for child sexual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State v. Deandre D. Rogers, 2017AP670-CR, District 1, 3/6/18 (not recommended for publication); case activity (including briefs) Evidence that Rogers was identified as a passenger in a vehicle reported stolen was properly admitted in his armed robbery trial because it provided “context” and “background” to one of the robbery charges for which he was on… Read More

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SCOTUS doesn’t alter Brady v. Maryland

Charles Turner, et al., v. United States, USSC Nos. 15-1503 & 15-1504, 2017 WL 2674152 (June 22, 2017), affirming Turner v. U.S., 116 A.3d 894 (D.C. App. 2015); Scotusblog page (including links to briefs and commentary) In granting cert in this case the Court told the parties to brief one issue: Whether the convictions of the… Read More

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State v. Frank V. Blonda, 2015AP2431-CR, 4/11/17, District 1, (not recommended for publication); case activity (including briefs).  M.L., the victim in this case, called her sister, Vincenza, and allegedly told her that Blonda had hit her in the head with a telephone. Vicenza reported this to the police.  Later, M.L. told the DA’s victim advocate that she… Read More

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