On Point: Uncategorized

Remember the post about the judge who punched a public defender?  The judge has returned to the bench, and the PD has resigned in protest.  More here.

What was it like to practice law in 1981?  There were no computers.  Smoking was allowed and so was little sexual harassment.  Check out this article and video capturing life as lawyer before most of us started practicing.

Two public defenders fired over “hate speech”

State v. Cherry, 2012AP1137-CR; District 2, 6/19/13; (not recommended for publication); case activity

Cherry was convicted of burglary and criminal damage to property, both as party to a crime.  Here’s what happened:  While investigating a residential burglary, officers saw two black men (Cherry and a companion) walking down a rural road near the scene of the crime. Their pants were wet as if they had been crossing a swampy area near the home.  

State v. Cecil Lennel Hudson, 2012AP702-CR, District 1, 11/27/12

court of appeals decision (1-judge, ineligible for publication); case activity

Hudson isn’t entitled to credit against his new (disorderly conduct) sentence because it runs consecutive to his old (ES-revocation) sentence:

¶9        At the time of Hudson’s plea and sentencing hearing on the disorderly conduct charge, Hudson’s trial counsel was aware that Hudson was going to be serving an additional eighteen months on the 2008 case.  

Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12

court of appeals decision (1-judge, ineligible for publication); case activity

Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19. Grounds for OWI arrest nonetheless existed:

¶20      However,

State v. Samuel J. Jacobs, 2012AP728-CR, District 2,10/31/12

court of appeals decision (1-judge, ineligible for publication); case activity

Frisk resulting in seizure of marijuana upheld where detective, investigating reported drug activity, stopped a vehicle on the pretense a headlight was out and, after questioning the driver (Jacobs) for several minutes, discerned that Jacobs had become unusually nervous in that he began “moving from one foot to the other foot,”

State v. Raenold Quiles, 2012AP1282, District 2, 10/31/12

court of appeals decision (1-judge, ineligible for publication); case activity

Given the trial court’s finding of fact that Quiles was merely “wandering over to and touching the fog line for a bit,” with otherwise “smooth, normal driving,” the traffic stop for crossing the fog line wasn’t supported.

¶9        Here, the evidence conflicted as to how many times Quiles crossed the fog line.  

Grant Co. DSS v. Elizabeth M. R., 2012AP1059, District 4, 8/9/12

court of appeals decision (1-judge, ineligible for publication); case activity

By failing to consider whether the child had a substantial relationship with the parent, § 48.426(3), the trial court erroneously exercised discretion in concluding that termination of parental rights was in the child’s bests interests.

¶16      In Margaret H.,

State v. Jaredt E. Simonis, 2012 WI App 84 (recommended for publication); case activity

Although Simonis was properly ordered pursuant to § 973.047 provide a DNA sample, the sentencing court erroneously exercised discretion in ordering him under § 973.046 to pay the associated costs.

¶1        The sole issue on appeal is whether the circuit court properly exercised its discretion in ordering Jaredt Simonis to pay the DNA analysis surcharge pursuant to Wis.

Marquette County v. Carl G. Culver, 2011AP1523, District 4, 6/21/12

court of appeals decision (1-judge, ineligible for publication); case activity

The police had probable cause to arrest Culver, the driver in a one-car accident, given the smell of intoxicants on his breath and his “inconsistent answers” to questions about the accident:

¶13      We conclude, under the totality of the circumstances, that the facts known to Sergeant McCoy at the time he placed Culver under arrest,

State v. Jason T. Moynihan, 2011AP2858-CR, District 2, 5/30/12

court of appeals decision (1-judge, not for publication); for Moynihan: Lora B. Cerone, SPD, Madison Appellate; case activity

¶8        In this case, the deputy pulled over the vehicle driven by Moynihan because he believed it was being driven by Saeger and believed that Saeger’s driver’s license was revoked.  The question is whether the deputy’s belief, or suspicion, was reasonable.