On Point: B. Opinions

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Darnell Jackson v. Buchler, 2010 WI 135, affirming unpublished court of appeals decision; for Jackson: Michael Halfenger, et al.; Jackson BiC; Buchler Resp.; Reply; Jackson Br.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

State v. Dimitri Henley, 2010 WI 97, on certification; prior history: unpublished decision; related: disqualification litigation; for Henley: Keith A. Findley, John A. Pray, Byron Lichstein; Amicus: SPD

“Wisconsin circuit courts do not have the inherent authority to order a new trial in the interest of justice when a case is not before the court under a proper procedural mechanism,”

Donald J. McGuire, 2010 WI 91, affirming unpublished decision; for McGuire: Robert R. Henak; BiC; Resp.; Reply

Statute of Limitations – § 939.74(3) – Constitutionality

Under § 939.74(3), the statute of limitations is tolled during “the time during which the actor was not publicly a resident within this state.” McGuire wasn’t a Wisconsin resident, but allegedly committed criminal acts in Wisconsin approximately 36 years before charges were issued.

State v. Michael A. Sveum, 2010 WI 92, affirming 2009 WI App 81; for Sveum: Dean A. Strang, Marcus J. Berghahn; BiC; Resp.; Reply; Amicus (ACLU); Resp. to Amicus

A circuit court “order” authorizing law enforcement to place and monitor a GPS tracking device on Sveum’s vehicle satisfied 4th amendment Warrant Clause (all warrants must be validly issued) and Reasonableness Clause (warrants must be reasonably executed) requirements.

State v. Corey Kleser, 2010 WI 88, affirming in part, reversing in part, 2009 WI App 43; for Kleser: Devon M. Lee, SPD, Madison Appellate; BiC; Resp.; Reply

Reverse Waiver, §§ 938.183(1), 970.032(1) & (2) – Generally

¶69 Nothing in § 970.032(2) places a limitation on the evidence at a reverse waiver hearing so long as the evidence is admissible under the rules of evidence and is relevant to one or more of the three elements set out in the subsection.

State v. Michael R. Hess, 2010 WI 82  affirming 2009 WI App 105; for Hess: George M. Tauscheck; BiC; Resp.; Reply

Exclusionary Rule – Good-Faith Rule – Void ab initio Warrant

¶2   We conclude that the good-faith exception to the exclusionary rule does not apply to a situation in which: (1) no facts existed that would justify an arrest without a warrant;

State v. Aaron A. Allen, 2010 WI 89, affirming unpublished decision; for Allen: Robert R. Henak; BiC; Resp.; Reply

¶4   We conclude, following Wis. Stat. § 974.06, that a defendant is not required to file a response to a no-merit report. This means he is not required to raise issues in response to a no-merit report.