On August 31, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Killian, 2022 WI App 43 (successive prosecution after mistrial violated double jeopardy prohibition) State v. Weigel, 2022 WI App 48 (state breached agreement to ask for 20 year sentence by asking for 25 year sentence)… Read more
Published 2022
State v. James P. Killian, 2022 WI App 43; review granted 1/20/23; reversed, 2023 WI 52; case activity (including briefs) The state provoked a mistrial in a case charging Killian with child sexual assault offenses against two complainants. The circuit court later dismissed the case due to the prosecutor’s misconduct. When the state recharged Killian… Read more
State v. Jamie Lee Weigel, 2022 WI App 48; case activity (including briefs) In Wisconsin criminal law, the word “sentence” is sometimes used generically to include probation; other times it’s used in a technical sense to refer only to imprisonment, and thus excludes probation. See, e.g., State v. Fearing, 2000 WI App 229, ¶6, 239… Read more
On July 27, 2022, the court of appeals ordered the publication of the following criminal law related decisions: State v. Gerald P. Mitchell, 2022 WI App 31 (on remand from SCOTUS, finding exigency for warrantless blood draw). DeLorean Bryson v. Kevin Carr, 2022 WI App 34 (addressing limits on DOC’s power to take money from… Read more
State v. Junior L. Williams-Holmes, 2022 WI App 38, petition for review granted, 11/16/22, reversed and remanded, 2023 WI 49; case activity (including briefs) Williams-Holmes was given a bifurcated prison sentence and consecutive probation after being convicted of battery to and false imprisonment of his girlfriend. Because of Williams-Holmes’s history of domestic violence, the circuit court… Read more
On June 29, 2022, the court of appeals issued its June 2022 publication order. No criminal law related cases were ordered published… Read more
State v. Sergio Moises Ochoa, 2022 WI App 35; case activity (including briefs) Ochoa, charged with two counts of first degree intentional homicide, claimed self defense. The court of appeals rejects his claims that the circuit court violated his right to present his defense by excluding certain evidence he wanted to present. The court also… Read more
State ex rel. DeLorean Bryson v. Kevin Carr, 2022 WI App 34; case activity (including briefs) A few months ago the court of appeals decided Ortiz v. Carr, holding (with a number of important caveats) that DOC may not take a greater percentage of an inmate’s wages for restitution than the circuit court has ordered–if… Read more
