State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a) – Test for Admissibility The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide: ¶9 When applying the some evidence… Read more
Published 2012
State v. Pierre R. Conner, 2012 WI App 105 (recommended for publication); case activity Interrogations – Miranda-Edwards Rule – Unequivocal Request for Counsel The issues on a request-for-counsel challenge to in-custody interrogation are whether the individual unequivocally invoked his right to counsel and, if so, whether he subsequently reinitiated questioning, Edwards v. Arizona, 451 U.S. 477, 484-85 (1981). Although the trial… Read more
State v. Michael Anthony Lock, 2012 WI App 99 (recommended for publication); case activity Other-Acts Evidence Lock was tried and convicted for homicide, kidnapping and possession with intent to deliver. The State elicited testimony from numerous witnesses to the effect that Lock headed a vast criminal enterprise, of which these crimes were a part in… Read more
State v. Mark M. Benson, 2012 WI App 101 (recommended for publication); case activity Equal Protection – Homicide of Unborn Child by Intoxicated Use of Motor Vehicle, §§ 939.75(2)(b)3, 940.09(1)(c) Section § 939.75(2)(b)3 exempts from criminal liability any “act by a woman who is pregnant with an unborn child that results in the death of or great bodily… Read more
State v. Cody A. Gibson, 2012 WI App 103 (recommended for publication); case activity Restitution order to reimburse insurance company and owner for insurance deductible, in relation to losses arising from stolen auto, upheld. The company (Acuity) paid the owners $11,113 the same day the car was stolen, but the car was recovered with very… Read more
State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity Search & Seizure – Consent – Blood Draw Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him… Read more
State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity § 974.06 Motion – Laches Inapplicable ¶17 n. 14: While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation. The State concedes… Read more
State v. Troy L. Cameron, 2012 WI App 93 (recommended for publication); case activity Prosecutorial Vindictiveness – Neither Presumptive or Actual for Increased Charges Following Rejected Plea Offer Cameron failed to establish prosecutorial vindictiveness in the filing of an amended information containing additional charges, after he rejected a plea offer to the original information. State v. Johnson, 2000… Read more
