On Point

certification; for Williams: Jonas B. Bednarek; case activity; review granted, 8/31/11

Search Warrants: Court Commissioner Authority to Issue

We certify this appeal to the Wisconsin Supreme Court to decide whether court commissioners have the power to issue search warrants.  Although Wis. Stat. § 757.69(1)(b)[1] appears to grant that power to court commissioners, appellant Williams argues that the legislature may not confer that power by statute because the Wisconsin Constitution does not authorize the legislature to grant judicial powers to court commissioners.  

Waukesha County DH&HS v. Jennifer L. H., 2010AP2990, District 2, 7/13/11

court of appeals decision (1-judge, not for publication); for Jennifer L.H.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence held sufficient to prove Jennifer’s failure to assume parental responsibility as TPR ground, notwithstanding that she lived with the child and helped raise him from birth until he was removed from her home: “although Jennifer did live with Kurt for most of his life,

State v. Rickey R. Denson, 2011 WI 70, affirming unpublished summary order; for Denson: Donna Odrzywolski; case activity

¶8   A criminal defendant’s constitutional right not to testify is a fundamental right that must be waived knowingly, voluntarily, and intelligently.  However, we conclude that circuit courts are not required to conduct an on-the-record colloquy to determine whether a defendant is knowingly, voluntarily, and intelligently waiving his or her right not to testify.  

Steven T. Kilian v. Mercedes-Benz USA, LLC, 2011 WI 65; case activity

Statutory Construction – Legislative Acquiesence

¶30 n. 12:

“Legislative failure to act is ordinarily weak evidence of legislative intention to acquiesce in or countenance a judicial or executive branch interpretation. . . . Under proper circumstances, however, inaction by the legislature may be evidence of legislative intent.”  Schill v.

order denying motion for reconsideration of in: State v. Dimitri Henley, 2011 WI 67; for Henley: Keith A. Findley; case activity; additional history: 2010 WI 12 (memorandum decision, Roggensack, J.); court order (5/24/10)

Henley’s motion to reconsider, though directed formally to the decision reversing grant of new trial, as a practical matter is directed to reconsideration of Justice Roggensack’s prior refusal to disqualify herself (on the ground she had previously “handled”

State v. Esteban M. Gonzalez, 2011 WI 63, reversing, 2010 WI App 104; for Gonzalez: Frank J. Schiro, Kristin Anne Hodorowski; case activity

Gonzalez has shown a reasonable likelihood that the jury instructions relived the State of its burden to prove the element that he knowingly exhibited harmful material to a child.

The facts are essentially undisputed: Gonzalez watched pornography while care-taking his 3-year-old daughter,

State v. David D. Funk, 2011 WI 62, reversing unpublished summary disposition; for Funk: Michele Anne Tjader; case activity

Juror Bias – Assessment, Generally

A claim of juror bias relies requires proof of the two-step test articulated by State v. Wyss, 124 Wis. 2d 681, 726, 370 N.W.2d 745 (1985): “(1) that the juror incorrectly or incompletely responded to a material question on voir dire;

County of Jefferson v. Karla J. Raue, 2010AP3131, District 4, 7/7/11

court of appeals decision (1-judge, not for publication); for Raue: Walter Arthur Piel, Jr.; case activity

Act of bar patron (turning off car and taking key from Raue) was private, non-governmental action, therefore didn’t implicate Raue’s 4th amendment rights. State v. Butler, 2009 WI App 52, 317 Wis. 2d 515, 768 N.W.2d 46 (acts of private security guard not subject to 4th amendment scrutiny),

State v. Randy L. TeStroette, 2011AP290-CR, District 2, 7/6/11

court of appeals decision (1-judge, not for publication); for TeStroete: Kirk B. Obear, Casey J. Hoff; case activity

Report from named (therefore non-anonymous) citizen of “possible intoxicated driver,” describing the vehicle’s location, plate number and color,  supplied reasonable suspicion to stop TeStroete’s car, even though the officer himself observed neither erratic driving nor traffic violations.

¶11      TeStroete relies on State v.

Mayor La Guardia on legal writing.

Dominique Srauss-Kahn prosecution: Reminiscent of Tawana Brawley? Or of Michael Nifong? Or is it just possible that there there is no thematic connection to be made, simply because DSK got “what most defendants never get — early  Brady material”?

Michael Cicchini: Bad as the job picture for newly minted lawyers might be nationally,