On Point blog, page 3 of 4
Appellate Procedure – Sanctions and Inadequate Argumentation
State v. Michael E. Ballenger, 2010AP664-CR, District 3, 11/16/10
court of appeals decision (1-judge, not for publication); for Ballenger: Ryan D. Lister; Ballenger BiC; State’s Resp.
Appellate Procedure – Sanction
Ballenger’s brief’s appendix does not include any portion of the suppression motion hearing transcript—neither deputy Campbell’s testimony nor the court’s factual findings or reasoning for denying the motion. Yet, as required by rule,
Battery – Self-Defense – Sufficiency of Evidence; Sanctions – Improper Briefing
State v. Richard Martin Kubat, 2010AP509-CR, District 3, 9/21/10
court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp.
Battery – Self-Defense – Sufficiency of Evidence
A verbal confrontation between truckers at a truck stop eventuated in Belcher disabling Kubat’s truck and inviting Kubat to get his punk ass out of his cab “and get it.” Kubat accepted the invitation and brought his tire knocker along as his own guest.
Manipulation of Adult Jurisdiction over Juvenile Offense; Bail Jumping – Jurisdiction to Impose Conditions; Sanctions – Appellate Violations
State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply
Manipulation of Adult Jurisdiction over Juvenile Offense
When the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to manipualte the system to avoid juvenile court jurisdiction,
Evidence – Daubert; Discovery – Witness Notes; Briefs – Argumentation and SCRs; Closing Argument – Failure to Object; Ineffective Assistance – Failure to Investigate; Newly Discovered Evidence
State v. Christopher D. Jones, 2010 WI App 133; for Jones: Amelia L. Bizzaro; for Amicus, Innocence Network: Jerome F. Buting; BiC; Resp.; Reply; Amicus Br.
Evidence – Daubert – Bullet Traced to Particular Gun
The court rejects “a blanket rule barring as a matter of course all testimony purporting to tie cartridge cases and bullets to a particular gun”:
¶22 Unlike in the federal system,
State v. Chad W. Voeller, No. 2009AP001596-CR, District II, 7/28/10
court of appeals decision (3-judge, not recommended for publication); for Voeller: Steven G. Richards; BiC; Resp.; Reply
Counsel – Sanction – Appendix
Contrary to the State’s certification, the appendix does not include the trial court’s findings or opinion. The transcript of the oral findings and opinion should have been included in the appendix.
1st-Degree Intentional Homicide – Sufficient Evidence, Intent; Sanction – Appendix
State v. Patrick M. Zurkowski, No. 2009AP929-CR, District III, 6/22/10
court of appeals decision (3-judge, not recommended for publication); for Zurkowski: Michael J. Fairchild; BiC; Resp.
1st-Degree Intentional Homicide – Sufficient Evidence, Intent
¶13 That Zurkowski killed June through a combination of repeated blows and cutting her tongue with a ceramic object he crammed in her mouth, rather than by killing her via a single fatal wound,
County of Milwaukee v. Caleb L. Manske, 2009AP1779, District I, 6/8/10
court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply
Traffic Stop – Reasonable Suspicion
¶16 Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion is not whether all of the driver’s actions constituted erratic driving.
Counsel – Ethically Deficient Performance
OLR v. Joan M. Boyd, 2010 WI 41
Various derelictions warrant 12-month license suspension, consecutive to already-imposed suspensions. The Counts include various failures to act competently and to keep her client reasonably informed in a number of postconviction actions. In one instance, lack of diligence led to loss of the federal habeas statute of limitations, ¶8; and in another, to a lost state appellate deadline, ¶11. Another count, of potential interest,
OLR v. Scott F. Anderson, 2010 WI 39
Wisconsin supreme court decision
Sixty-day suspension imposed for conceded misconduct consisting of: failure to take timely action with respect to civil forfeiture action against client; failure to respond to client’s reasonable requests for information and to timely communicate case developments; failure to explain legal implications of various dealings related to representation, ¶20.
Town of Grand Chute v. Michael J. Kettner, 2009AP2369, District III, 4/20/10
court of appeals decision (1-judge; not for publication); pro se; Resp. Br.
Controlled Substance – Prescribed by Out-of-State Doctor
Possession of marijuana, prescribed by California doctor under laws of that state, may be prosecuted in Wisconsin: though an exception exists for possession obtained by prescription from a “practitioner,” § 961.41(3g), the practitioner must be licensed in Wisconsin, § 961.01(19)(a). ¶10.
Well, the court’s conclusion might be grammatically sound,