State v. Danny L. Wilber, 2016AP260, 12/26/18, District 1 (not recommend for publication); case activity (including briefs) “This case involves a dual tragedy: the death of one innocent man and the conviction of another.” (Initial Brief at 1). Not one of the many eyewitnesses to this homicide, which occurred during a large house party, saw… Read more
c. Interests of justice
State v. Daniel G. Scheidell, 2015AP1598-CR, 3/29/17, District 2 (not recommended for publication); case activity (including briefs) Congrats to the Remington Center for a winning a new trial in the interests of justice based on newly-discovered, 3rd-party perpetrator evidence 19 years after Scheidell was convicted of 1st degree sexual assault and armed robbery. Even better… Read more
State v. Michael L. Cramer, 2012AP2547; District 1; October 15, 2013 (not recommended for publication); case activity A jury convicted Cramer of 1st-degree reckless homicide for the death of his 10-week old son. Both the Milwaukee County medical examiner and the attending physician testified for the State at trial. In their opinions, the baby died… Read more
State v. Brian Avery, 2013 WI 13 (Wis. S. Ct. 1/30/13), reversing 2011 WI App 148; case activity The supreme court affirms the trial court’s denial of Brian Avery’s Wis. Stat. § 974.06 motion for a new trial based on newly discovered evidence, concluding there isn’t a reasonable probability a jury would have a reasonable… Read more
on review of published opinion; for Avery: Keith A. Findley, Tricia J. Bushnell; case activity; prior post Newly Discovered Evidence / Interest of Justice – New Forensic Method Issues (composed by On Point): 1. Whether new scientific photogrammetric analyses by expert witnesses, indicating that the suspect in video surveillance was shorter than Avery, entitles him to a new… 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State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12 court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003) Moore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
Langlade County Dept. of Social Services v. Rebecca D., 2010AP2497, District 3, 11/15/11 court of appeals decision (1-judge, not for publication); for Rebecca D.: William E. Schmaal, SPD, Madison Appellate; case activity ¶19 On the facts adduced at trial, Rebecca clearly failed to assume parental responsibility for Anthony, pursuant to the standards set forth in Wis. Stat. § 48.415(6). Anthony… Read more
Kathleen N. v. Brenda L. C., 2010AP2737, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Brenda l.C.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Brenda isn’t entitled to a new TPR trial in the interests of justice, notwithstanding a line of inquiry that went to the respective financial capabilities of Brenda… Read more