On Point: B. Published opinions

State v. Herbert O. Richard, 2014 WI  App 28; case activity

Richard is entitled to an evidentiary hearing on his petition for discharge because the independent psychologist’s opinion that amendments to the Static-99 show Richard’s risk to reoffend is below the legal threshold constitutes a fact on which a court or jury may conclude that Richard does not meet the criteria for commitment as a sexually violent person,

State v. Stanley K. Bullock, 2014 WI App 29, case activity

How “voluntary” does this sound to you?

The defendant was convicted of 1st-degree reckless homicide for the stabbing death of his girlfriend.  He said that masked attackers broke into their apartment and stabbed him and his girlfriend.  He called 911.  The responding paramedics found the defendant conscious with stab wounds and his girlfriend dead.  During his ambulance ride to the hospital (and while experiencing pain and disorientation),

State v. Kearney Hemp, 2014 WI App 34, petition for review granted 6/12/14, reversed 2014 WI 129; case activity

Every so often there’s an opinion that makes you shake your head in disbelief.  This is one of them.

Hemp was convicted with 1 count of possession with intent to deliver THC, aka hemp.  A court granted conditional jail time,

Village of Grafton v. Eric L. Seatz, 2014 WI App 23; case activity

“The issue presented is straightforward:  Must a court order the installation of an ignition interlock device when a defendant is convicted of first-offense operating while intoxicated (OWI) and also has a prior conviction for an OWI offense?  The answer is yes.” (¶1).

Seatz was arrested for OWI. His blood alcohol content was .13.

State v. Gary Monroe Scull, 2014 WI App 17, petition for review granted, 5/22/14, affirmed, 2015 WI 22; case activity

Police violated Scull’s Fourth Amendment rights under Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409, 1417-18 (2013), when they brought a drug-sniffing dog to the front door of his residence without a warrant or probable cause.

State v. Peter T. Heine, 2014 WI App 32; case activity

Heine was charged with reckless homicide for supplying heroin to a young man who died after using the drug. (¶1). Tranchida, the pathologist who conducted the autopsy, concluded the victim died of a heroin overdose based both on his findings during the autopsy and on a toxicology report, which was prepared by an outside lab.

State v. Raheem Moore, 2014 WI App 19, petition for review granted, 5/22/14, affirmed, 2015 WI 54; case activity

Moore, a 15-year-old charged with homicide, made incriminating statements to police 11 hours after he was arrested. His most incriminating statement–that he was the shooter and not merely an accomplice–came during a portion of the interrogation that was not recorded as required by § 938.195,

State v. Jesse J. Delebreau, 2014 WI App 21, petition for review granted, 5/23/14, affirmed, 2015 WI 55; case activity

You remember State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W.2d 741? That’s the one that considered whether Montejo v. Louisiana, 556 U.S. 778 (2009),

State v. Ronald Knipfer, 2014 WI App 9, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity

In this follow-up to the recent decision in State v. Alger, 2013 WI App 148, ___ Wis. 2d ___, ___ N.W.2d ___, the court of appeals rejects two constitutional challenges to the legislation that limits the newly-adopted Daubert standard for the admission of expert testimony to ch.

State v. Anica C. C. Bausch, 2014 WI App 12; case activity

Bausch participated in a “Solidarity Sing Along” at the State Capitol in the fall of 2012.  The Capitol Police cited her for violating Wis. Admin. Code ADM sec. 2.14(2)(v). Bausch pled “not guilty” and served the State with requests for admissions, interrogatories, and production of documents.  The State responded with a “Motion in Opposition to Application of Civil Discovery.”