On Point

State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11

court of appeals (1-judge, not for publication); pro se; case activity

¶6        The trial court determined that the complaint and the amended complaint were proper, stating,

The complaint was duly sworn on oath.  The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. § 968.02(1).  The complaint alleges multiple violations of WIS.

State v. Rafael Labedzki, 2010AP2501-CR, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Labedzki: Walter Arthur, Piel, Jr.; case activity

Reasonable suspicion for sobriety testing upheld, where officer had basis for concluding Labedzki was driving while intoxicated after an unchallenged stop for speeding. In brief: “Given that the trooper observed an alcoholic smell coming from Labedzki’s vehicle, a passenger who appeared drunk, bloodshot and glassy eyes on Labedzki,

State v. Matthew M. Gilbert, 2010AP2672-CR, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Gilbert: Christopher Lee Wiesmueller; case activity

Given trial court findings of fact, the officer reasonably believed that Gilbert’s registration plate lamp and brake lamps were inoperable, and thus had reasonable suspicion to make the stop. Inability to testify as to which lights were actually inoperable doesn’t detract from support for the stop.

County of Sheboygan v. Jeffrey L. Bubolz, 2010AP2997, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Bubolz: Casey J. Hoff; case activity

Ignoring a warning sign that a road is closed except to local traffic creates reasonable suspicion for a traffic stop, even though the sign was an “unofficial” one put up by the contractor.

¶11      Failure to adhere to official traffic signs is a violation of WIS.

William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part III

7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal)

Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation defense) is here; Part II (default; standard of review),

7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal)

Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation defense) is here; Part III (evidentiary hearing, GP advice), here.

Habeas – Procedural Fault

Kerr’s pro se § 974.06 motion asserted ineffective assistance of counsel as a ground for relief.

William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part I

7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal)

Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part II (procedural default) is here; Part III (evidentiary hearing, guilty plea advice),

Docket

Decision below (621 F.3d 296 (3rd Cir 2010))

Question Presented:

Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search of every individual arrested for any minor offense no matter what the circumstances.

Scotusblog page

Caselaw in this Circuit has long rejected suspicionless jail strip searches for minor offenses. Mary Beth G.

State v. Bryan Peter Leather, 2010AP354-CR, District 1, 4/5/11

court of appeals decision (not recommended for publication); for Leather: Rex Anderegg; case activity

Leather argues he was entitled to call the prosecutor as a witness to testify about the complainant’s hearsay statements to her. The 6th amendment right to present a defense (confrontation and compulsory process) isn’t absolute and in particular doesn’t extend to irrelevant evidence. The offer of proof in support of admissibility shows that the complainant’s statements to the prosecutor weren’t inconsistent with her testimony,

City of West Allis v. Susan Schneidler, 2010AP2531, District 1, 4/5/11

court of appeals decision (1-judge, not for publication); for Schneidler: Thomas C. Simon; case activity

Tip from an identified citizen informant – that she had seen Schneidler drinking alcohol before driving off – supported stop of Schneidler’s car, without requiring independent corroboration.

¶18      In short, Parr was a reliable witness who told police that she personally observed Schneidler drink alcohol and then drive and who made herself available to the police for questioning.