2010AP2064-CR State v. Madden
Criminal Procedure Plea agreements; breach Nathaniel Madden pled guilty to one count of armed robbery and one count of burglary, both as party to a crime and as a habitual criminal. The circuit court imposed a sentence totaling twenty-eight years, comprised of eighteen years of initial confinement and ten years of extended supervision. In a […]
2010AP1666-CR State v. Larson
Criminal Procedure Statute of limitations; attempted murder
2010AP1666-CR State v. Larson
Criminal Procedure Statute of limitations; attempted murder
09-4043 U.S. v. Freeman
Criminal Procedure New trials; prosecutorial misconduct Where the government knowingly presented false testimony, the district court properly granted the defendant a new trial. “The comments at issue were made during the rebuttal portion of the government’s closing argument, so there was no opportunity for the defense to counter the statement. And a curative instruction would […]
10-2438 U.S. v. Phillips
Criminal Procedure As-applied vagueness challenges A defendant who pleads guilty without raising an as-applied vagueness challenge in the trial court is barred from raising that issue on appeal. “A guilty plea is more than a mere confession; a defendant who pleads guilty admits not only that he committed the acts described in the indictment but […]
09-11121 J.D.B. v. North Carolina
Criminal Procedure Miranda warnings; age A child’s age is relevant to whether he is in custody and Miranda warnings are required. “In some circumstances, a child’s age “would have affected how a reasonable person” in the suspect’s position “would perceive his or her freedom to leave.” Stansbury, 511 U. S., at 325. Courts can account […]
2010AP1620-CR State v. Tackett
Criminal Procedure Right to be present Timothy Tackett appeals from a judgment of conviction of second-degree sexual assault of a child under sixteen and from an order denying his postconviction motion for a new trial. He argues that the trial court erred in communicating with the jury outside his and defense counsel’s presence. The trial […]
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