On Point

State v. Christopher J. Holan, 2011AP1717-CR, District 3, 1/31/12

court of appeals decision (1-judge, not for publication); for Holan: Martha K. Askins; case activity

Holan’s admission to his prior felony conviction satisfied § 973.12(1); the court rejects his argument that the record must show his knowledge that  he faced increased punishment because of the prior conviction:

¶10      Holan’s reliance on Rachwal and Goldstein is misplaced.  

Outagamie County Department of Health and Human Services v. Gregory M., 2011AP1978, District 3, 1/31/12

court of appeals decision (1-judge, not for publication); for Gregory M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence held sufficient to support  a “primary need for residential care and custody,” § 55.08(1)(a), notwithstanding that ” Gregory is able to perform most daily living activities with little or no assistance,” ¶¶13-15.

State v. Reynold C. Moore, 2010AP377, District 3/4, 1/26/12

court of appeals decision (not recommended for publication); for Moore: Byron C. Lichstein; case activity; prior history: 1997AP1193-CR, habeas relief denied, Moore v. Casperson, 345 F.3d 474 (7th Cir. 2003)

Moore seeks relief on the basis of newly discovered evidence in the form of a purported recantation of State witness James Gilliam’s trial testimony.

on review of published opinion; for Anagnos: Barry S. Cohen; case activity; prior post

Traffic Stop – Reasonable Suspicion – OWI Refusal Hearing Challenge to Arrest

Issues (composed by On Point): 

1. Whether the officer could lawfully stop Anagnos’ vehicle for failing to use a turn signal where neither traffic nor pedestrians were present, § 346.34(1)(b).

2. Whether the officer had reasonable suspicion to stop Anagnos’

on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity

Involuntary Statement – Coercion 

Issue (composed by On Point): 

Whether Lemoine’s in-custody statement was involuntary given the following police tactics:

• promising that in exchange for the “true story” he would not go to jail that night;
• telling him that he would not be able to contact an attorney while at the jail;

State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12

court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity

The court rejects  challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35. Little was convicted under the prior version,

court of appeals publication orders, 1/25/12

On Point posts from this list:

2012 WI App 2 State v. Anthony L. Prineas

2012 WI App 6 State v. Kenneth M. Sobczak

2012 WI App 7 State v. Damon Keith Sutton

2012 WI App 8 State v. Anthony D. Guard

2012 WI App 10 State v.

Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12

court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity

Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, coupled with a diagnosis of paranoid schizophrenia, held sufficient to support ch. 51 commitment.

¶6        Wisconsin Stat. 

State v. James Lee Johnson, 2012 WI App 21 (recommended for publication); for Johnson: Melinda A. Swartz, SPD, Milwaukee Appellate; case activity

The guilty plea colloquy was defective, in that it failed to advise Johnson that the trial court wasn’t obliged to follow the terms of the plea bargain (here: to dismiss and read-in a count), contrary to State v. Hampton,

State v. Kwesi B. Amonoo, 2011AP566, District 1, 1/24/12

court of appeals decision (not recommended for publication); for Amonoo: Robert N. Meyeroff; case activity

Amonoo fails to show that trial counsel provided ineffective assistance with respect to pretrial identification procedure (context: “sufficient reason” to overcome serial litigation bar following direct appeal):

¶15      Amonoo contends that of all the persons pictured in the photo array, he was the only one wearing a jacket.