On Point: B. Published opinions

Dane County v. Kelly M., 2011 WI App 69 (recommended for publication); for Kelly M.: Ruth N. Westmont, Ashley J. Richter; case activity

Kelly M. appeals a commitment order premised on the “fifth standard,” inability by reason of mental illness to understand the advantages and disadvantages of medication or treatment for the mental illness.

¶3        We conclude as follows:  (1) Commitment is available under the fifth standard for individuals who have dual diagnoses—that is,

State v. Michael D. Below, 2011 WI App 64 (recommended for publication); for Below: Joseph L. Sommers; case activity

Below indisputably caused massive injuries that resulted in the victim’s death, albeit after medical staff terminated life support. His reckless acts were therefore a “substantial factor” in, hence caused, her death. He was not entitled to a theory of defense instruction authorizing the jury to acquit him on the basis that the termination of life support was an intervening cause of death.

State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity

Waiver – Lesser Offense Instruction

The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction on the ground that it wasn’t supported by the facts,

State v. Herbert O. Richard, 2011 WI App 66 (recommended for publication); for Richard: Steven D. Grunder, SPD, Madison Appellate; case activity

Changes in the scoring of the actuarial test which was used to support Richard’s commitment at his original trial, cannot support his discharge petition even though his new score would reduce his predicted likelihood of reoffending.

¶13      Richard argues that the circuit court improperly dismissed his petition for discharge and that he is entitled to a discharge hearing. 

Village of Menomonee Falls v. Jason R. Ferguson, 2011 WI App 73 (recommended for publication); for Ferguson: Daniel P. Fay; case activity

Ferguson’s guilt for violating local sex offender residence-restriction ordinance upheld, as against argument that he fell within grandfather clause exception. The ordinance bars registered sex offenders from living within 1500 feet of any facility for children, but excepts an offender who had established and reported a residence prior to the ordinance’s effective date.

Fond du Lac County v. Helen E. F., 2011 WI App 72(recommended for publication), affirmed 2012 WI 50; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity

Alzheimer’s disease is not a qualifying mental condition for purposes of ch. 51 commitment, therefore Helen E.F. is not a proper subject for treatment as a matter of law. The disease is a degenerative brain disorder,

State v. Ralph H. Davis, 2011 WI App 74 (recommended for publication); for Davis: Chandra N. Harvey, SPD, Madison Appellate; case activity

Warrantless Entry – Curtilage – Implied Invitation Doctrine

¶9      The protections of the Fourth Amendment extend beyond the walls of the home to the “curtilage.” Oliver v. United States, 466 U.S. 170, 180 (1984). “[C]urtilage is the area to which extends the intimate activity associated with the sanctity of a [person]’s home and the privacies of life,

Adam Martine v. Quentin J. Williams, 2011 WI App 68 (recommended for publication); case activity

¶13      Prior to last year, this court applied a general rule regarding court of appeals’ cases reversed by the supreme court that “holdings not specifically reversed on appeal retain precedential value.”  Blum v. 1st Auto & Cas. Ins. Co., 2010 WI 78, ¶44, 326 Wis. 2d 729, 786 N.W.2d 78 (citation omitted).  

State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2011 WI App 61, affirmed 2012 WI 72 (recommended for publication); for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt:  Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt); affirmed, 2012 WI 72

SVP – Pre-Commitment Return to DOC Custody

¶1        … 

State v. Robby D. Kuenzi, 2011 WI App 30; for Rory Kuenzi: Thomas W. Johnson; for Robby Kuenzi: Jefren E. Olsen, SPD, Madison Appellate; case activity

Animal Cruelty, § 951.02

Cruel mistreatment of non-captive wild animals – in this case, deer intentionally rammed by snowmobiles, concededly cruel acts – may be prosecuted under § 951.02, whether or not the acts are specifically regulated by chapter 29 hunting restrictions.