On Point

State v. Troy Paulson, 2015AP456-CR, 8/31/16, District 2 (1-judge opinion, not recommended for publication); case activity (including briefs) This is the second dog sniff case from District 2 in less than a week. See our post on State v. Downer Jossi here, which recognized that SCOTUS’s Rodriguez v. United States overruled SCOW’s State v. Arias.  Paulson, however, did […]

State v. Anthony Darnell Davis, 2016 WI App 73; case activity (including briefs)

Davis argued that he could not be convicted of recklessly causing “great bodily harm” to a child where the injuries he inflicted were bone fractures which, by statute, qualify as only “substantial bodily harm.” See Wis. Stat. § 939.22(38). The court of appeals disagreed.

State v. Paul R. Vanderlinden, 2015AP901-CR, District 3, 8/30/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Vanderlinden was convicted of OWI 2nd and driving with a PAC 2nd. An officer had stopped Vanderlinden’s car because two witnesses had reported him drinking beer and leaving the theater with a beer in his pocket. According to the court of appeals, this did not amount to reasonable suspicion of OWI.

State v. Ronald Marshall Jewett, 2015AP1014-CR, District 3, 8/30/16 (not recommended for publication); case activity (including briefs)

The question presented in this case is whether a certified driving record from the Wisconsin DOT is sufficient evidence to establish 2 prior OWI convictions in Minnesota–even though the original court records for those convictions no longer exist. The court of appeals says “yes.”

State v. D.B., 2016AP440-441; 8/30/16, District 1 (1-judge opinion, ineligible for publication); case activity

D.B. contends that his no contest plea as to the grounds for TPR was not knowing and intelligent because he did not understand the direct consequences of it–that is, that the court could order termination at the end of the disposition hearing. He thought the court would offer him treatment or parenting classes. D.B. lost on appeal based on the plea colloquy and the testimony of his attorney.

State v. Joe Bonds Turney, 2015AP1651-CR & 2015AP1652-CR, District 1, 8/30/16 (not recommended for publication); case activity (including briefs)

Turney claims the trial court erred in permitting joinder of two cases for trial and in denying his motion for substitution of judge following his arraignment. He also argues he is entitled to an evidentiary hearing on his ineffective assistance of counsel claim, which was based on trial counsel’s failure to object to a witness’s reference to his post-arrest silence. The court of appeals rejects his claims.

Making a Murderer fans may be interested to see the Motion for Post-Conviction Scientific Testing that Steven Avery filed in the Manitowoc county Circuit Court on Friday.  His lawyer, Kathleen Zellner, told reporters this comprehensive testing will “get to the bottom of who killed Teresa Halbach.” Click here to read Avery’s motion.

The Immigration Professors Blog says Arias v. Lynch, No. 14-2839 (7th Cir. 8/2/4/16) would be the “hand down winner” of the “immigration case of the week,” if such a category existed. It highlights the confusion in federal courts over how to define a crime involving moral turpitude a.k.a “CIMT.” Or you can just skip to […]

State v. T.L.T., 2016AP471, District 1, 8/26/16 (one-judge decision; ineligible for publication); case activity

Five months after the circuit court terminated T.L.T.’s parental rights to E.A.T., child welfare authorities moved E.A.T. from his foster placement with V.B. to a new adoptive foster home. T.L.T. argues the termination decision rested heavily on the prospect V.B. would adopt E.A.T., so the post-disposition change in placement materially affects that decision. (¶¶2-12). She asks the court of appeals to exercise its discretionary power to reverse under § 752.35 because the real controversy was not tried and justice miscarried. (¶¶15-16). The court of appeals declines.

Roy L. Ward v. Ron Neal, 7th Circuit Court of Appeals No. 16-1001, 8/26/16

Ward’s trial lawyers weren’t ineffective when they failed to adequately investigate and present readily available mitigating evidence and then, due to lack of preparation, instead presented evidence Ward was a dangerous psychopath.