2010AP166-CR State v. Hudson
Criminal Procedure Right to counsel; discovery; ineffective assistance; venue; new trials
09-2858 & 10-2639 Applications of Kulzer for Orders Compelling Discovery for Use in a Foreign Proceeding
Civil Procedure Discovery; foreign courts Where a party made no showing that an application for discovery for use in a foreign proceeding was abusive, the application was improperly denied. “The importance of American-style discovery to Heraeus’s ability to prove misappropriation of its trade secrets by Biomet is undeniable. But potential for abuse? We don’t see […]
2009AP2446-CR, 2009AP2447-CR State v. Glass
Criminal Procedure Discovery; in camera inspections Saterus Glass appeals from a judgment of conviction entered on his no contest plea to two counts of being a party to the crime of burglary and from a judgment of conviction of first-degree sexual assault of a child, incest with a child, and second-degree sexual assault entered on […]
2010AP779-CR State v. Jones
Criminal Procedure Discovery; DNA testing Roy James Jones, pro se, appeals from circuit court orders denying two postconviction motions, which sought new DNA testing of certain evidence. The circuit court denied the first motion because Jones refused to turn over the results of private DNA testing that his attorney commissioned before trial, meaning Jones failed […]
10-1963 American Bank v. City of Menasha
Civil Procedure Discovery; open records A Wisconsin municipality cannot get a stay of discovery, where the requested materials are subject to the open records law. “The case law uniformly refuses to define requests for access to federal or state public records under public-records laws (such as the federal Freedom of Information Act and state public […]
2009AP1516 State v. Anderson
Criminal Procedure Discovery; IDA; speedy trial; ineffective assistance Edward Anderson, pro se, appeals from an order denying his Wis. Stat. § 974.06 (2007-08) motion. Anderson contends the circuit court erroneously exercised its discretion in denying the motion without a hearing. We agree with the circuit court’s decision and affirm the order. This opinion will not […]
2009AP1321 Zarnstorff v. Neenah Creek Custom Trucking
Civil Procedure Discovery; sanctions It was not an abuse of discretion not to preclude an insurer from contesting coverage as a sanction for not producing the policy in response to discover requests. “While the circuit court did not make an express determination on whether or not the conduct of Acuity was egregious, it is evident […]
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