On Point

SCOWstats has conducted a Politfact-style check on the concerns Justice Abrahamson raised in the order granting review of State v. Salinas. Her claims: (1) the number of cases on SCOW’s docket has dropped significantly; and (2) the number of per curiam court of appeals opinions on SCOW’s docket has jumped significantly.    Click here to gauge […]

Winnebago County v. B.C., 2015AP1192-FT, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity

Applying Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, the court of appeals holds the County proved B.C. was incompetent to refuse medication, § 51.61(1)(g)4.(intro.) and b., rejecting B.C.’s arguments that: 1) the record doesn’t document how and when he was advised of advantages, disadvantages, and alternatives to medication; and 2) the evidence doesn’t prove B.C. was incapable of making an informed choice about accepting or refusing medication.

City of Mequon v. Luke J. Chiarelli, 2015AP359, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity (including briefs)

There was reasonable suspicion to stop of Chiarell’s car based on two lane deviations during early morning hours and, based on observations the officer made after the stop, there was probable cause to arrest Chiarelli for OWI.

Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs)

While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of the case: Before the November 2014 election, the Democratic Party filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney General. The Department of Justice denied the request, but a circuit judge ordered the videos to be released. The court of appeals affirms that order.

We couldn’t resist quoting the instantly classic, subtly punning first sentence of this AP report: “A former meerkat expert at London Zoo has been ordered to pay compensation to a monkey handler she attacked with a wine glass in a love spat over a llama-keeper.” The Guardian dispenses with the pun but has more details […]

State v. C.S., 2015AP1345, 10/13/15, District 1 (one-judge opinion, ineligible for publication); case activity

The court of appeals here carefully recites, and then affirms, circuit court findings that the termination of C.S.’s parental rights were in the best interests of her child, M.G. Its analysis, however, displays little regard for the standard of review.

Last Friday, Governor Walker appointed Court of Appeals Judge Rebecca Bradley to the Supreme Court of Wisconsin. She reportedly begins her new job today. Barring holidays, the District 1 Court of Appeals typically releases its opinions on Tuesdays. But late Friday afternoon, in a very unusual move, the Court of Appeals rushed out 10 opinions for cases that Bradley […]

State v. David Jerome Gant, 2015 WI App 83; case activity (including briefs)

Ten months after seizing Gant’s computer as part of their investigation of the death of Gant’s wife, police searched the computer pursuant to a warrant and found child pornography. Assuming it was unlawful for the police to keep Gant’s computer for that long, the child pornography found on the computer should not be suppressed under the independent source and attenuation doctrines.

State v. Ennis Lee Brown, 2015AP522-CR, District 1, 10/9/15 (not recommended for publication); case activity (including briefs)

The 14½-month delay in trying Brown didn’t violate his right to a speedy trial, as “all of the delays are attributable to the defense, and most are attributable to Brown’s poor behavior and inability to work with his assigned counsel.” (¶56). At the same time, the trial court didn’t err in allowing Brown to proceed pro se at the start of trial, as Brown’s “poor behavior and inability to work with his assigned counsel” don’t show Brown was incompetent to represent himself.

Judge who told public defender “I’ll beat your ass” is suspended without pay. Click here.  Are you careful about what you put in your emails? If not, read A Supreme Court Justice’s Indecent Inbox and then you will be! Be patient. Supreme court justices become more liberal with age. 🙂 Click here. Judge reprimanded for […]