State v. Jon F. Winant, 2014AP1944, District 1, 7/21/16 (not recommended for publication); case activity (including briefs) Paperwork created by DOC during the revocation of Winant’s parole and probation for having unsupervised contact with A.G., a minor, was properly admitted at Winant’s ch. 980 trial under § 908.03(8), the public records and reports exception to the hearsay… Read more
H. Hearsay, Ch. 908
State v. Kamille M., 2014AP2911, District 1, 6/26/15 (one-judge decision; ineligible for publication); case activity Trial counsel wasn’t ineffective at Kamille M.’s TPR grounds trial for failing to object to hearsay and to the state’s veiled reference to the best interests of the child during closing arguments. The hearsay was injected during the prosecutor’s questioning… Read more
Town of Bloomfield v. Petko Zvetkov Barashki, 2015AP226, District 2, 6/24/15 (one-judge decision; ineligible for publication); case activity In a case the court of appeals aptly describes as “unusual,” the court exercises its discretionary power of reversal under § 752.35 to throw out Barashki’s OWI 1st conviction and refusal finding on the grounds that the… Read more
State v. Wade M. Richey, 2014AP1758-CR, District 3, 3/17/15 (not recommended for publication); case activity (including briefs) In this prosecution for reckless driving causing great bodily harm and homicide by operating with a detectable amount of a controlled substance, the circuit court erroneously excluded Richey’s medical records from evidence at trial, though the error was harmless… Read more
State v. Bernard Ikechukwel Onyeukwu, 2014AP518-CR, 2/26/15, District 4 (not recommended for publication); click here for briefs. The State charged the defendant with 10 counts of sexual assault, 5 of which required proof that the victim suffered from a mental deficiency and that the defendant knew it. The jury acquitted on 6 counts. Just 2 of the convictions… Read more
Nicole Marie Thomas v. Korry Ardell, 2014AP295, District 4, 11/13/14 (not recommended for publication); case activity The circuit court did not erroneously exercise its discretion in refusing to admit cell phone records because the proponent of the evidence didn’t provide a proper foundation by presenting either the testimony of a qualified witness or a proper certification proving authenticity… Read more
State v. Ryan P. O’Boyle, 2014AP80-CR, District 1, 11/4/14 (not recommended for publication); case activity O’Boyle’s claims of ineffective assistance of counsel are rejected because trial counsel’s performance wasn’t deficient. O’Boyle, charged with attempted first degree intentional homicide, raised a self-defense claim. He claimed trial counsel was ineffective for failing to ask for the eyewitness… Read more
State v. Timothy A. Jago, 2013AP1084-CR, District 1, 2/4/14; court of appeals decision (not recommended for publication); case activity Trial counsel was not ineffective for failing to move in limine to exclude other-acts evidence–specifically, evidence that Jago told the victim he has only pointed a gun at two people in his life, the victim and… Read more
