On Point: 2010-11 Term

State v. Alan Keith Burns, 2011 WI 22, affirming unpublished decision; for Burns: David R. Karpe; case activity

The court rejects Burns’s claim for a new trial in the interest of justice premised on three grounds: 1. Burns was unable to cross-examine the complainant on her implication that he took her virginity; 2. evidence of prior sexual assaults of the complainant by his father,

State v. Miguel E. Marinez, Jr., 2011 WI 12, reversing unpublished decision; case activity; prior post; for Marinez: Ralph J. Sczygelski

Evidence – Other-Acts, § 904.04(2) – “Sullivan” Analysis

¶19  To guide courts in determining whether other-acts evidence is admissible for a proper purpose under Wis. Stat. § 904.04(2)(a), we developed a three-prong test.  Sullivan,

Evelyn Werner v. Kenneth Hendree, 2011 WI 10, reversing 2009 WI App 103; case activity

Appellate Procedure – Finality and Appealability

A circuit court order rejecting state indemnification of an employee being sued was non-final and thus absorbed in the final judgment later entered as to liability and damages.

¶62  An appeal may be taken as a matter of right only from a final judgment or a final order. 

State v. Janet A. Conner, 2011 WI 8, affirming 2009 WI App 143; for Conner: Stephen E. Mays; case activity; Conner BiC; State Resp.; Reply

Stalking, § 940.32 – Notice of Charge, “Course of Conduct”

Stalking requires proof of, among other elements, a “course of conduct” which “means a series of 2 or more acts carried out over time,

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 of Human Services v. Brenda B., 2011 WI 6, affirming unpublished decision; for Brenda B.: Leonard D. Kachinsky; case activity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

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”

Darnell Jackson v. Buchler, 2010 WI 135, affirming unpublished court of appeals decision; for Jackson: Michael Halfenger, et al.; Jackson BiC; Buchler Resp.; Reply; Jackson Br.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

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,