Appellate Opinions Released January 24, 2006
The Wisconsin Supreme Court did not release any opinions or dispositional orders today.
The Wisconsin Court of Appeals released these opinions today, of which the following were recommended for publication:
Herr v. Lanaghan, in which the Court addressed whether the defendant could offset a civil judgment he fully paid against a restitution order in his related criminal case. The Court held that the circuit court properly exercised its discretion in re-opening the civil judgment to consider the question. It further held that an evidentiary hearing was necessary to determine whether the elements of damage included in the restitution order were also included in the civil judgment.
Sliwinski v. The Board of Fire and Police Commissioners of the City of Milwaukee, in which the Court held that Mr. Sliwinski, a former Milwaukee Police Officer, was denied his due process right to access and confront potentially exculpatory witnesses and material in his termination proceedings.
State v. Davis, in which the Court considered (1) whether the circuit court erroneously joined an armed robbery charge with burglary and receiving stolen property charges for trial; and (2) whether the circuit court misused its discretion in excluding evidence Mr. Davis was mistakenly identified and charged in a burglary similar to the one before the court. The Court of Appeals concluded the circuit court relied on erroneous facts in its decision to join the charges, and so reversed the decision to join. The Court of Appeals also held that evidence of the misidentification should have been admitted as "other acts" evidence.
The Wisconsin Court of Appeals released these opinions today, of which the following were recommended for publication:
Herr v. Lanaghan, in which the Court addressed whether the defendant could offset a civil judgment he fully paid against a restitution order in his related criminal case. The Court held that the circuit court properly exercised its discretion in re-opening the civil judgment to consider the question. It further held that an evidentiary hearing was necessary to determine whether the elements of damage included in the restitution order were also included in the civil judgment.
Sliwinski v. The Board of Fire and Police Commissioners of the City of Milwaukee, in which the Court held that Mr. Sliwinski, a former Milwaukee Police Officer, was denied his due process right to access and confront potentially exculpatory witnesses and material in his termination proceedings.
State v. Davis, in which the Court considered (1) whether the circuit court erroneously joined an armed robbery charge with burglary and receiving stolen property charges for trial; and (2) whether the circuit court misused its discretion in excluding evidence Mr. Davis was mistakenly identified and charged in a burglary similar to the one before the court. The Court of Appeals concluded the circuit court relied on erroneous facts in its decision to join the charges, and so reversed the decision to join. The Court of Appeals also held that evidence of the misidentification should have been admitted as "other acts" evidence.
posted by Daniel Kelly at 9:29 AM
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