State v. Sean T. Powell, 2012 WI App 33 (recommended for publication); for Powell: Richard L. Kaiser; case activity Conviction for CCW, § 941.23, requires proof of a “dangerous weapon,” which is in turn defined under § 939.22(10) to include “any firearm.” The pattern instruction, Wis JI-Criminal 910 embellishes the definition: “A firearm is a weapon… Read more
K. Standards of Review
State v. Carl L. Dowdy, 2012 WI 12, affirming 2010 WI App 58; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity ¶4 We conclude that Wis. Stat. § 973.09(3)(a) does not grant a circuit court authority to reduce the length of probation. Rather, the plain language of § 973.09(3)(a) grants a circuit court authority only… Read more
State v. Zachary Ryan Wiegand, 2011AP939-CR, District 3, 2/7/12 court of appeals decision (not recommended for publication); for Wiegand: Brian C. Findley; case activity Despite initially waiving his Miranda rights, Wiegand later unequivocally asserted his right to silence (“I don’t want to say anything more”); nonetheless, the interrogating officer did not scrupulously honor this invocation, and… Read more
State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12 court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003) Moore seeks relief on the basis of newly discovered evidence in the form of a purported recantation of State… Read more
State v. Joseph J. Wilcenski, 2013 WI App 21; case activity Conditions of pre-trial release – alcohol treatment and testing; constitutionality Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they… Read more
State v. Leon A. Wedde, 2011AP130-CR, District 2, 1/11/12 court of appeals decision (1-judge, not for publication); pro se; case activity The trial court dismissed with prejudice the pending charge when the prosecutor was unable to proceed on the scheduled date. The State argues that dismissal should have been without prejudice, and the court of… Read more
State v. Cortez Ramon Brooks, I, 2010AP2454-CR, District 1, 1/10/12 court of appeals decision (not recommended for publication); for Brooks: Ann T. Bowe; case activity The trial court immediately struck non-responsive testimony of a jailhouse informant that Brooks had admitted to “multiple homicides.” Denial of a subsequent motion for mistrial based on this testimony is… Read more
State v. Demian Hyden McDermott, 2012 WI App 14 (recommended for publication); for McDermott: Robert R. Henak, Amelia L. Bizzaro; case activity ¶9 n. 2: McDermott complains that the circuit court “erroneously exercised its discretion by its wholesale adoption of the State’s brief as its decision.” (Most capitalization omitted.) The sum total of the circuit court’s analysis in denying McDermott’s… Read more
