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40. Trial Procedures

State v. Christopher L. Gee, 2018AP1069, 5/14/2019, District 1 (recommended for publication); case activity (including briefs) Christopher Gee was accused of sexually assaulting two women at knifepoint; one of the women had come to Gee’s apartment building because someone there had agreed to pay her for sex. He admitted to police that he’d had sex… Read More

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State v. Danny L. Benford, 2017AP2520-CR, 3/26/19, District 3 (not recommended for publication); case activity (including briefs) The Eau Claire County Sheriff Department’s policy is to require all defendants appearing for trial to wear a stun belt under their clothing. Benford did not want to wear one because he didn’t trust the sheriff’s not to… Read More

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State v. Brian M. Smits, 2017AP2141-Cr, District 2, 11/20/18, (1-judge opinion, ineligible for publication); case activity (including briefs) The State charged Smits with obstruction, OWI 2nd, and operating with a PAC 2nd. The case was tried to a jury, After both sides rested, the State filed an amended complaint containing a 2nd obstruction charge. The… Read More

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State v. Deshawn Harold Jewell, 2017AP2503-CR, 10/30/18. District 1 (not recommended for publication); case activity (including briefs) Jewell claims that he is innocent of armed robbery, so his identity was an issue at trial. During deliberations,  the jury asked the trial court for the “six pack” of pictures of people who appeared in the police… Read More

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State v. T.W., 2018AP967 & 2018AP968, District 1, 8/21/18 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate T.W.’s parental rights, the GAL argued in closing that the jury should consider the interests of the children. T.W.’s lawyer didn’t object, but the court of appeals holds that failure wasn’t… Read More

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No error in denying request to delay trial

State v. Ronnie Cecil Peebles, 2017AP2536-CR, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t err in denying the adjournment request Peebles made on the morning of trial because he said he was feeling ill.  ¶9     Peebles’[s] argument falls flat, first, because the circuit court properly exercised… Read More

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State v. Dale R. Delvoye, 2017AP833, 7/3/18, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) At Delvoye’s OWI trial, an officer testified that as part of the stop he asked Delvoye to take a preliminary breath test. Counsel objected and moved for a mistrial. The trial court denied the mistrial, and the… Read More

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State v. Larry L. Garner, 2016AP2201-CR, 4/17/18, District 1 (not recommended for publication); case activity (including briefs) The State charged Garner and 3 other co-defendants with 2 counts of armed robbery use of force, PTAC, and felony murder, PTAC. The trial court ordered separate trials. A mistrial occurred due to juror misconduct, so the court… Read More

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