Petition for Writ of Certiorari — Jonathan David Wilke, Petitioner v. Wisconsin

/

No.

IN THE

SUPREME COURT OF THE UNITED STATES

JONATHAN DAVID WILKE- PETITIONER

vs.

STATE OF WISCONSIN- RESPONDENT

APPENDIX FOR PETITION FOR A WRIT OF CERTIORARI TO

WISCONSIN COURT OF APPEALS

. PETITION FOR WRIT OF CERTIORARI

,

Jonathan David Wilke #460976

Wisconsin Secure Program Facility

P.O. Box 1000

Boscobel, Wisconsin 53805

V

TABLE OF CONTENTS FOR APPENDIX

APPENDIX A

OPINION BY THE WISCONSIN COURT OF APPEALS

APPENDIX B

ORDER DENYING REVIEW BY THE WISCONSIN SUPREME

COURT

APPENDIX C

MARCH 9, 2020 JURY TRIAL TRANSCRIPTS

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State v. Wilke

Court of Appeals of Wisconsin.

July' 11, 2023

2023 Wl App 44

995 N.W.2d 482 (Table)

2023 WL 4445534

(Approx. 2 pages)

\

2023 Wl App 44

Unpublished Disposition

See Rules of Appellate Procedure, Rule 809.23(3), regarding citation of unpublished

opinions. Unpublished opinions issued before July j, 2009, are of no precedential value

and may not-be cited except in limited instances. Unpublished opinions issued on or after

July 1, 2009 may be cited for persuasive value.

NOTE: THIS OPINION WILL NOT APPEAR IN A PRINTED VOLUME. THE

DISPOSITION WILL APPEAR IN A REPORTER.

Per curiam opinions may not be cited in any court of this state as precedent or

authority, except for the limited purposes specified in AVIS. STAT. RULE

809.23(3).

2023 Wl App 44

Court of Appeals of Wisconsin.

STATE of Wisconsin, Plaintiff-Respondent,

v.

Jonathan David WILKE,T Defendant-Appellant.

Appeal No. 2020AP1995-CR

July 11, 2023

APPEAL from a judgment and an order of the circuit court for Milwaukee County, Cir. Ct.

No. 2017CF3559: T. CHRISTOPHER DEE, Judge. Affirmed.

Before Brash, C.J., Donald, P.J., and White, J.

Opinion

PER CURIAM.

*11J1 Jonathan David Wilke, pro se, appeals a judgment convicting him of multiple serious

felonies and an order denying his motion for postconviction relief. Wilke argues that: (1)

the circuit court should not have allowed victim J.J.’s identification of him in a lineup to be

admitted at trial; (2) the error was not harmless; (3) the lineup was impermissibly

■ suggestive; and (4) the circuit court erred in allowing trial testimony about victim T.J.’s

reaction as she viewed the lineup. We affirm.

1J2 Wilke slowly walked up to a minivan parked in an alley, approaching from the front, in

the late hours of April 18, 2017. He paused in the headlights, to put on his glasses and then

opened fire on a family inside the vehicle. Wilke did not know his victims. T.J., the mother,

was shot nine times. Her sons D.J., eighteen, and J.J., fourteen, and her grandchild A.B.,

six, were in the minivan with their mother. After a jury trial, Wilke was convicted of one

count of attempted first-degree intentional homicide with use of a dangerous weapon and

as a habitual criminal, three counts of first-degree recklessly endangering safety with use

of a dangerous weapon, one. count of unlawfully possessing a firearm after being convicted

of a felony as a serious violent crime repeater, and one count of unlawfully possessing a

firearm after being adjudicated delinquent, as a habitual criminal. The circuit court

sentenced Wilke to a total of thirty-six and one-half years of initial confinement and

nineteen and one-half years of extended supervision.

1J3 Wilke first argues that the circuit court erred in admitting fourteen-year-old J.J.’s

identification of him in the lineup because Wilke did not have an attorney present. The

State concedes that the lineup was constitutionally defective. See United States v. Wade,

388 U.S. 218, 224-26 (1967) (the accused is entitled to the assistance of counsel at a

lineup conducted after being charged). However, the State argues—and we agree—that

the error was harmless.

1[4 An “error is harmless if it is clear beyond a reasonable doubt that a rational jury would

have found the defendant guilty absent the error.” State v. Harvey, 2002 Wl 93.1j49, 254

Wis. 2d 442, 647 N.W.2d 189 (citation omitted). Even if J.J.’s identification of Wilke from

a

Office of the Clerk

J^uprEmE (ttnuri at pJtscimsm

110 East Main Street, Suite 215

P.O. Box 1688

Madison, WI 53701-1688

Telephone (608) 266-1880

Facsimile (608) 267-0640

Web Site: www.wicourts.gov

October 30, 2023 ■

To:

Hon. T. Christopher Dee

Circuit Court Judge

Electronic Notice

Sonya Bice

Electronic Notice

Anna Hodges

Clerk of Circuit Court

Milwaukee County Safety Building

Electronic Notice

Jonathan David Wilke 460976

Wisconsin Secure Program Facility

P.O. Box 1000

Boscobel, WI 53805-1000

You are hereby notified that the Court has entered the following order:

No. 2020AP1995-CR

State v. Wilke. L.CJ2017CF3559

A petition for review pursuant to Wis. Stat. § 808.10 having been filed on behalf of

defendant-appellant-petitioner, Jonathan David Wilke, pro se, and considered by this court;

IT IS ORDERED that the petition for review is denied, without costs.

Samuel A. Christensen

Clerk of Supreme Court

HIM

ffenk

***

Additional material

from this filing is

available in the

Clerk's Office.