State v. William Martin, 2011AP2168, District 1, 5/8/12 court of appeals decision (not recommended for publication); pro se; case activity; prior history: unpublished decision (2007AP1293-CR) Because the record conclusively demonstrated that Martin wasn’t entitled to relief, State v. Love, 2005 WI 116, ¶26, 284 Wis. 2d 111, 700 N.W.2d 62, the circuit court properly denied… Read more
4. Lesser Included Offense
State v. Jermaine Kennard Young, 2010AP2959-CR, District 1, 3/6/12 court of appeals decision (not recommended for publication); for Young: Robert N. Meyeroff; case activity Reasonable suspicion existed to justify investigative stop of Young, based on a tip from confidential informant that someone matching Young’s description would be at a specified time and place to sell… Read more
State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11 court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a lesser offense option of first-degree intentional homicide, wasn’t deficient in light of… Read more
Bobby v. Harry Mitts, USSC No. 10-1000, 5/2/11 (per curiam) The death penalty may not be imposed when the jury isn’t permitted to consider a verdict of guilt on a lesser included, non-capital offense supported by the evidence, Beck v. Alabama, 447 U.S. 625 (1980). As the Court now notes: such a scheme intolerably enhances the… Read more
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver – Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read more
State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
