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State v. Kari E. Mravik, 2018AP2300-CR, District 4, 8/29/19 (one-judge decision; ineligible for publication); case activity (including briefs)

At her OWI 2d trial, Mravik asked the judge to modify Wis. J.I.—Criminal 2663’s definition of “under the influence of an intoxicant.” The trial judge declined. The court of appeals finds no error because the instruction as a whole conveys the correct meaning of the phrase. Read more

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August 2019 publication list

On August 28, 2019, the court of appeals ordered the publication of the following criminal law related cases:

State v. David Gutierrez, 2019 WI App 41 (circuit court erred in excluding evidence that DNA of other men was found on a victim’s clothing and buccal swab)

State v. Medford B. Matthews, III, 2019 WI App 44 (reversing circuit court’s conclusion that prosecutor’s charging decision was “absurd” and “abusive,” and holding the prosecutor had discretion to charge what was essentially misdemeanor sexual intercourse with a 17-year-old as multiple felony counts of enticement and exposing intimate parts)

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Only the state’s evidence is admissible

State v. Daniel A. Griffin, 2018AP649, 8/21/19, District 2 (recommended for publication); case activity (including briefs)

Someone killed a young child in Griffin’s home. Both Griffin and the child’s mother were present at the time. What evidence was the jury allowed to hear about who committed the crime? If you guessed “any remotely relevant evidence implicating Griffin” (whom the state had charged) and “no evidence implicating the mother” (whom it had not) then you are a scholar of Wisconsin evidentiary law. Read more

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State v. Patrick D. Zolliecoffer, 2018AP1639-CR, 8/20/19, District 1 (not recommended for publication); case activity (including briefs)

Zolliecoffer challenged two of the State’s peremptory strikes as racially based. On appeal, the State conceded that the circuit court failed to apply the 3-step procedure for analyzing Batson claims, which On Point recently explained here.  Zolliecoffer urged the court of appeals to remand for a new trial. The State sought a remand to apply Batson. Surprise! The State won. Read more

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State v. Christopher J. Durski, 2018AP1750-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs)

Durski was arrested at a motel, where he had decamped after a family dispute. In investigating the family dispute police learned Durski drank alcohol before leaving for the motel, so they tracked him down. Durski wasn’t in custody during the officers’ initial questioning of him at the motel, so his statements were admissible despite the lack of Miranda warnings. So was the state’s retrograde extrapolation evidence. Read more

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Man bites dog!

State v. Robert L. Kavalauskas, 2019AP610-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs)

And court finds reasonable suspicion to stop and detain driver to investigate OWI! Read more

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State v. Sean N. Jones, 2018AP948-CR, District 3, 8/20/19 (not recommended for publication); case activity (including briefs)

Jones makes various challenges to his conviction and sentence for being to party to the crime of armed robbery. The court of appeals rejects all of his claims except the last one, involving sentence credit. Read more

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State v. Traci Busha, 2018AP1863, 8/20/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

Ms. Busha’s car was stuck in a ditch on the outskirts of Superior. A responding police officer found her alone in the passenger seat. She had been drinking but said she hadn’t been driving; her boyfriend “Scott” had been. For various reasons the officer didn’t buy her story. After about 15 minutes, while a tow truck was en route, the officer told her to get out of the car and stand by his vehicle. At this point, he told her he didn’t believe her account and said it was time to tell the truth. She admitted to driving. Read more

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