State v. Santiago B. Rios, 2020AP2132-CR, was slated to be decided today, but it wasn’t. Instead, the court of appeals issued an order directing the state (represented here by the district attorney’s office) to file a respondent’s brief. The state missed its first briefing deadline. It then ignored a delinquency notice ordering the state to… Read more
1. Appeals
State v. Donald P. Coughlin, 2019AP1876-CR, petition for review of an unpublished court of appeals decision granted 9/14/21; case activity (including briefs) Issues presented (from State’s petition for review) 1. How does a court consider the theory of guilt in an evidence sufficiency claim when an inconsistency exists between a jury instruction and verdict? 2… Read more
State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs) Issues presented (composed by On Point from the PFR and cross PFR) Was the circuit court’s ex parte voir dire and removal of a juror during trial… Read more
State v. Jacky Lee, 2020AP1633, 7/27/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The state arrested Lee for second-offense OWI and PAC violations. The intoximeter breath test he took at the police department was video-recorded. However, due to the state’s delay in charging Lee, he did not request the video until… Read more
State v. Oscar C. Thomas, 2021 WI App 55; Review granted 1/11/22; affirmed 2/21/23; case activity (including briefs) This is the appeal from Thomas’s second conviction at trial for the false imprisonment, sexual assault and murder of his wife. (The first conviction was ultimately undone by the Seventh Circuit, which held that his counsel had… Read more
Court of appeals reverses discretionary juvenile non-waiver in a way that seems pretty discretionary
State v. X.S., 2021AP419, 7/20/21, District 1 (one-judge decision; ineligible for publication); case activity Xander (a pseudonym) shot several people in a well-known incident at the Mayfair Mall in Wauwatosa. The juvenile court concluded that it was the right forum for the case and denied the state’s motion to waive the matter into adult criminal… Read more
State v. M.C., 2021AP301, District 2, 8/11/21 (one-judge decsion; ineligible for publication); case activity The circuit court erroneously exercised its discretion in deciding to waive M.C. into adult court on a sexual assault charge, so the waiver is reversed and the case remanded for the circuit court to exercise its discretion properly. Section 938.18(5)(c) provides… Read more
State v. M.T.W., 2021AP420-FT, District 2, 8/11/21 (one-judge decision; ineligible for publication); case activity Information that goes to a witness’s character for truthfulness doesn’t meet the standard under § 48.46(1) for newly discovered evidence that warrants a new trial. At the trial in a CHIPS proceeding relating to M.T.W.’s child, a witness named Polewczynski testified… Read more
