On Point

State v. Patrick J. Lynch, 2015 WI App 2, petition for review granted 3/16/15, affirmed by a divided court, 2016 WI 66; case activity

Lynch was entitled to an in camera review of the complainant’s treatment records because there is a reasonable likelihood the records will reveal the complainant exhibits ongoing symptoms associated with PTSD that affect her ability to recall and describe pertinent events, and that she failed to report Lynch’s alleged sexual abuse of her to treatment providers, at least as a child.

State v. Ryan P. O’Boyle, 2014AP80-CR, District 1, 11/4/14 (not recommended for publication); case activity

O’Boyle’s claims of ineffective assistance of counsel are rejected because trial counsel’s performance wasn’t deficient.

State v. Arik James Ulwelling, 2014AP814-CR, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity

Police had probable cause to stop Ulwelling for violating § 346.14(1), which prohibits motor vehicle operators from following another vehicle “more closely than is reasonable and prudent”—i.e., tailgating.

City of Kaukauna v. Grant R. Loescher, 2014AP954, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity

Loescher’s 1997 conviction for first-offense OWI is not void because it was properly counted as a first offense despite his OWI conviction in 1992.

State v. Lawrence L. Holmes, 2013AP2342-CR, District 4, 10/30/14 (not recommended for publication); case activity

Because Holmes can’t show that the court would have granted his motion to dismiss the misdemeanor charges in the case with prejudice, he hasn’t shown he was prejudiced by trial counsel’s advice to enter into a plea agreement because he was going to lose the motion to dismiss.

State v. Isaiah N. Triggs, 2014AP204-CR, District 1, 10/28/14 (not recommended for publication); case activity

Trial counsel wasn’t ineffective for waiving a preliminary hearing in Triggs’s homicide prosecution or for failing to move to suppress Triggs’s confession. Further, the circuit court’s plea colloquy with Triggs was not defective and the circuit court didn’t erroneously exercise its sentencing discretion.

State v. Millard Reno Bandy, Sr., 2014AP1055-CR & 2014AP1056-CR, District 1, 10/28/14 (1-judge decision; ineligible for publication); case activity: 2014AP1055-CR; 2014AP1056-CR

A defendant’s history of domestic violence against a victim provided a basis for trial court to increase the period of probation under § 973.09(2)(a)1.b. even though the offenses for which the defendant was placed on probation didn’t involve physical harm or a direct threat to the victim.

State v. David A. Myhre, 2014AP376-CR, District 4, 10/23/14 (1-judge decision; ineligible for publication); case activity

Myhre was not in custody for Miranda purposes when he answered questions posed by a DNR warden while sitting in the warden’s truck. Thus, the warden was not required to advise Myhre of his Miranda rights.

Questions presented:

(1) Whether facial challenges to ordinances and statutes are permitted under the Fourth Amendment; and

(2) Whether a hotel has an expectation of privacy under the Fourth Amendment in a hotel guest registry where the guest-supplied information is mandated by law and an ordinance authorizes the police to inspect the registry, and if so, whether the ordinance is facially unconstitutional under the Fourth Amendment unless it expressly provides for pre-compliance judicial review before the police can inspect the registry.

Questions presented:

(1) Whether a state court’s rejection of a claim of federal constitutional error on the ground that any error, if one occurred, was harmless beyond a reasonable doubt is an “adjudicat[ion] on the merits” within the meaning of 28 U.S.C. § 2254(d), so that a federal court may set aside the resulting final state conviction only if the defendant can satisfy the restrictive standards imposed by that provision; and

(2) Whether the court of appeals properly applied the standard articulated in Brecht v. Abrahamson, 507 U.S. 619 (1993).