On review of an unpublished court of appeals decision; case activity
Issue (composed by Anthony’s PFR here ):
May a criminal defendant be stripped of his right to testify pursuant to Illinois v. Allen when his behavior is never so disruptive, obscene, or violent that he must be removed from his trial?
On review of a published court of appeals decision; case activity
Issue (composed by On Point)
Was Griep’s right to confront the witnesses against him violated by allowing the supervisor of an unavailable lab analyst to testify to his opinion about the defendant’s BAC based entirely on the report prepared by the unavailable analyst?
State v. Robert J. Kowalis, 2014AP258, District 2, 8/6/14 (1-judge; ineligible for publication); case activity
The circuit court’s refusal finding under § 343.305(9) is upheld because the officer had probable cause to arrest Kowalis for operating while intoxicated.
State v. Jeremiah J. Purtell, 2014 WI 101, 8/1/14, reversing an unpublished court of appeals decision; majority opinion by Justice Gableman; case activity
In a case that expands the power of probation agents to search probationers’ computers and similar digital devices, the supreme court holds that the search of Purtell’s computer by his probation agent was reasonable because: 1) the computer was contraband, as Purtell was prohibited from possessing it by the rules of his probation; and 2) the agent had reasonable grounds to believe the computer might contain other items the probationer was prohibited from possessing—in this case, communications with underage girls or unauthorized Myspace accounts.
City of Bloomer v. James S. Frank, 2013AP2597, District 3, 8/5/14 (1-judge; ineligible for publication); case activity
The circuit court didn’t erroneously exercise its discretion in reopening suppression hearing to take additional evidence in the form of dispatch recordings which the city tried, but failed, to obtain before the suppression hearing in the case.
State v. Bradley Edward Magdzas, 2014AP250-CR, District 3, 8/5/14 (1-judge; ineligible for publication); case activity
The police had reasonable suspicion to stop Magdzas and, once he was stopped, could reasonably ask him for his name and identification.
State v. Jimmy J., 2014AP573, District 1, 8/5/14 (1-judge; ineligible for publication); case activity
Trial counsel had a reasonable strategic reason for not objecting to court’s instructing TPR jury that while agreement of 10 or more jurors was necessary as to each verdict question, the same 10 jurors should agree on all the answers.
State v. James R. Hunt, 2014 WI 102, 8/1/14, reversing an unpublished per curiam court of appeals decision; majority opinion by Justice Gableman; case activity
The court of appeals granted Hunt a new trial; the supreme court takes that new trial away. The supreme court’s decision does not develop any new law or address a novel issue of statewide concern—and that’s no surprise, for as described here, the state’s petition for review admitted the case didn’t meet the usual standards for review. Instead, the court applies well-developed rules governing harmless error and ineffective assistance of counsel to the fact-specific claims in this case. In the course of doing so, however, the court misunderstands, ignores, or inverts some fundamental tenets of appellate review and basic rules of evidence.
