On Point: 45. WI Supreme Court

Brown County Dept. of Human Services v. Brenda B., 2011 WI 6, affirming unpublished decision; for Brenda B.: Leonard D. Kachinsky; case activity

¶3   Given that a finding of parental unfitness does not necessarily result in an involuntary termination of parental rights, we determine that the circuit court was not obligated to inform Brenda that by pleading no contest she was waiving her constitutional right to parent. 

decision below: unpublished; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Issues (formulated by On Point):

Whether admission into evidence of electronic monitoring daily summary reports requires expert testimony to lay a foundation as to accuracy and reliability.

Whether the daily summary reports fall outside the definition of hearsay because they don’t represent assertions made by a person.

Kandutsch, while under electronic monitoring,

decision below: unpublished; for Buchanan: Tyler William Wickman; case activity

Issue (formulated by On Point):

Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car.

The court relied on the following to show reasonable suspicion to believe Buchanan armed and dangerous, during an otherwise routine stop for speeding:

• “furtive movements”

decision below: unpublished; for West: Ellen Henak, SPD. Milwaukee Appellate; case activity

Issue (formulated by On Point):

Whether, as a matter of statutory construction, due process and equal protection, the burden of proof on a § 980.08(4)(cg) petition for supervised release of a sexually violent release is on the State.

A technical issue, but one significant to ch. 980 practice. The issue was decided adversely in State v.

Office of Lawyer Regulation v. Nikola P. Kostich, 2010 WI 136

Counsel publicly reprimanded for “a clear conflict of interest,” SCR 20:1.9(a): sexual assault victim had consulted counsel about suing his assailant, and counsel later represented assailant in criminal case involving number of victims including the one who had consulted him. The matters were “the same or … substantially related”; the interests of the subsequent client was “materially adverse”

decision below: summary order; for Denson: Donna Odrzywolski;  supreme court news release

Issues (from the news release):

1. Should the constitutional right of a criminal defendant not to testify on his behalf and remain silent at trial be recognized as a fundamental right that can only be waived personally by the defendant with an on the record colloquy?
2. Should the only appropriate remedy, for failure to engage in an on-the-record colloquy regarding the right not to testify at trial,

Darnell Jackson v. Buchler, 2010 WI 135, affirming unpublished court of appeals decision; for Jackson: Michael Halfenger, et al.; Jackson BiC; Buchler Resp.; Reply; Jackson Br. after remand; Buchler Br. after remand

Certiorari Review – Prison Discipline

Evidence before disciplinary committee, in the form of statements of two confidential informants,

State v. Gerard W. Carter, 2010 WI 132, reversing 2009 WI App 156; for Carter: Craig M. Kuhary; State BiC; Carter Resp.; Reply

Prior DL suspension under Illinois’ “zero tolerance” law (which suspends or revokes operating privileges of drivers under legal drinking age with any alcohol concentration) satisfies § 343.307(1)(d) and therefore supports OWI enhancement,

decision below: supervisory writ, not posted on-line

Issue (from Table of Cases):

Whether a circuit court, pursuant to Wis. Stat. § 120.12(18) (school district has a duty to coordinate and provide continuity of educational programming for pupils receiving education services as the result of a court order under § 938.34(7d)) and § 938.45 (court may take certain actions if the district contributed to delinquency of minor) has the authority to craft an order which would override a school district’s prior determination to expel a juvenile under § 120.13(1)(c)1.

State v. Patrick R. Patterson, 2010 WI 130, affirming 2009 WI App 181; for Patterson: David R. Karpe; Patterson BiC; State Resp.; Reply

Multiplicity – § 948.40(1) (4)(a) as Lesser Offense of § 940.02(2)(a)

Contributing to the delinquency of a minor with death as a result, § 948.40(1), (4)(a) is not a lesser offense of first-degree reckless homicide,