Please ensure Javascript is enabled for purposes of website accessibility

Court Error – Initial Joinder

By: Derek Hawkins//October 2, 2019//

Court Error – Initial Joinder

By: Derek Hawkins//October 2, 2019//

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Israel E. Nunez

Case No.: 2018AP2211-CR; 2018AP2212-CR

Officials: Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Court Error – Initial Joinder

In these consolidated cases, Israel Nunez appeals circuit court judgments convicting him of three counts of child sexual assault. Nunez also appeals the court’s order denying his motion for postconviction relief. On appeal, Nunez states that he has chosen not to pursue possible issues as to “prejudicial joinder or retroactive misjoinder.” Rather, he challenges only the circuit court’s “initial” joinder decision that the court made based on the allegations in the criminal complaints. Thus, we decide only this initial joinder issue. The parties agree that this issue is governed by WIS. STAT. § 971.12(1) and (4). They further agree that our review is de novo. See State v. Salinas, 2016 WI 44, ¶30, 369 Wis. 2d 9, 879 N.W.2d 609 (“The initial decision on joinder is a question of law that we review de novo.”). Nunez argues that the circuit court erred when it joined two sets of charges for trial.  We disagree and affirm.

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests