On Point blog, page 315 of 483
Maintaining Drug Trafficking Place, / Possession with Intent to Deliver, PTAC- Insufficient Proof
State v. John M. Eaton, 2010AP1170-CR, District 4, 12/23/10
court of appeals decision (1-judge, not for publication); for Eaton: Chad A. Lanning; case activity; Eaton BiC; State Resp.; Reply
Traffic stop upheld where: “vehicle weave(d) in a pronounced manner within tis own lane of traffic”; vehicle came to complete stop at yellow blinking light (something officer testified was “possible indicia of impaired driving”;
Jury – Deliberations – Sequestration
State v. Bradley A. Brandsma, 2010AP1429-CR , District 4, 12/23/10
court of appeals decision (1-judge, not for publication); for Brandsma: Anthony J. Jurek; case activity; Brandsma BiC; State Resp.; Reply
Trial courts have “very broad discretion” under § 972.12 to allow a deliberating jury to separate overnight before returning to resume deliberations; court of appeals rejects argument under state and federal constitutions “a circuit court should presume that any separation of a jury renders that jury impartial in light of rapidly changing modes and content of publicly available information,”
Warrantless Entry: Community Caretaker Exception
State v. Kathleen A. Ultsch, 2011 WI App 17(recommended for publication); for Ultsch: Shelley Fite, SPD, Madison Appellate; case activity; Ultsch BiC; State Resp.; Reply
Warrantless entry into a home, supposedly to check on the well-being of a suspected drunk driver just involved in an accident, wasn’t justified under the community caretaker doctrine; State v.
Effective Assistance – Plea Advice; Newly Discovered Evidence; Counsel – Sanction
State v. Charles A. Bouc, 2010AP180, District 2, 12/22/10
court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply
Effective Assistance – Plea Advice
Counsel did not fall short of normative performance standards, where he weighed with his client the pros and cons of admissibility of potentially crucial evidence;
Appellate Procedure: Void Orders and Finality
Dustardy H. v. Bethany H., 2011 WI App 2; case activity
¶1 This case emphasizes once again the importance of finality in our justice system. In 2004, the circuit court erroneously granted Dustardy H. parental rights to Christian R. H., a child conceived via artificial insemination by Dustardy’s same-sex partner, Bethany H.[1] Four years later, after Dusty and Beth ended their relationship, Beth moved to void the parental rights order under WIS.
TPR – Partial Summary Judgment
Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10
court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity
Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which alleged unfitness is premised, fails to set forth conditions for regaining contact with the child,
Search & Seizure: Consent to Enter – Expectation of Privacy (Overnight Guest) – Exigent Circumstances
State v. Miguel A. Ayala, 2011 WI App 6; for Ayala: Martin E. Kohler, Craig S. Powell; case activity; Ayala BiC; State Resp.; Reply
Search & Seizure – Consent to Enter
Based on trial court findings on disputed facts, the resident of an apartment gave the police consent to enter a bedroom and look for Ayala (as to whom,
Traffic Stop – Illumination Requirement
State v. George C. Greenwood, 2010AP1837-CR, District 4, 12/16/10
court of appeals decision (1-judge, not for publication); for Greenwood: Gerald C. Opgenorth; case activity; Greenwood BiC; State Resp.; Reply
Traffic stop properly based on violation of illuminaiton requirement in § 347.13(3) (rear plate must be illuminated by white light so as to be clearly legible from distance of 50 feet).
Evidence – Ongoing Conflict with Deceased, Hearsay – Residual Exception, 3rd-Party Guilt; Sufficiency of Evidence – Homicide
State v. Kevin M. Moore, 2009AP3167-CR, District 2, 12/15/10
court of appeals decision (3-judge, not recommended for publication); for Moore: Jeffrey W. Jensen; Moore BiC; State Resp.; Reply
Evidence – Frequenting “Gentleman’s Club” as Source of Friction with Deceased
Evidence that Moore spent much time and money at a local “gentleman’s club,” offered by the State to as support for an “ongoing conflict”
Court of Appeals Publication Orders, 12/10
court of appeals publication orders, 12/14/10
On Point posts from this list:
2010 WI App 160 Jefferson County v. Joseph S.
2010 WI App 161 State v. Raymond Allen Nickel
2010 WI App 162 State v. Scottie L. Baldwin
2010 WI App 163 State v. William Dinkins, Sr.
2010 WI App 166 State v.