On Point blog, page 4 of 7
State v. Dimitri Henley, 2010 WI 12
Memorandum Decision (per Roggensack, J.)
Disqualification, § 757.19(2)(e)
Justice Roggensack isn’t disqualified under § 757.19(2)(e) from participating in Henley’s pending appeal, even though as a court of appeals judge she decided the separate appeal of Henley’s jointly tried codefendant Adams.
¶23 … I conclude that disqualification/recusal is directed under Wis. Stat. § 757.19(2)(e) only when the same defendant in the action or proceeding on which an appellate judge has already participated as a judge is once again before a court on which the same judge is serving.
Seizure of Person: Some Restraint Necessary; Reasonable Suspicion: Stop of Car: No Front Plate – “Frisk” of Car
State v. Leneral Louis Williams, 2010 WI App 39; for Williams: Richard L. Zaffiro; Resp Br.; Reply Br.
Seizure – Some Restraint Necessary
¶16 The Fourth Amendment is not implicated until there has been a seizure. The Court in Terry described a seizure as “whenever a police officer accosts an individual and restrains his [or her] freedom to walk away.” Id.
Appellate Procedure – Standard of Review – Burden of Proof (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Certiorari (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Civil Commitments (Tuberculosis; NGI; SVP) (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Competency of Court (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Confrontation (pre-2010 Caselaw)
Go: here.