On Point

State v. Bradley M. Jones, 2013 WI App 151; case activity

¶1        …. Wisconsin Stat. § 980.07 (2011-12) mandates annual reexamination of persons committed to secure treatment facilities as sexually violent persons. Following the Department of Health Services’ annual reexamination, Bradley M. Jones requested and was denied appointment of an independent examiner and counsel prior to review of his petition for discharge. Under the applicable statutes,

State v. Jack E. Johnson, 2013 WI App 140; case activity

As part of their investigation of Johnson’s involvement in a homicide, Wisconsin police wanted to search Johnson’s rented residence in Rosarito, Mexico. They contacted FBI Special Agent Eckel, the U.S. liaison between Mexican and American law enforcement authorities. Eckel called a liaison in Mexico and told him that United States law enforcement authorities wanted to search Johnson’s residence and needed to make sure the search was lawfully conducted so any evidence found could be used in an American court.

State v. Jeffrey M. Halida, 2013AP1298, District 2, 11/13/13; court of appeals decision (1-judge; ineligible for publication); case activity

Halida was arrested for OWI after a motorcycle accident. In response to routine medical questions asked before the blood draw, he told the officer he took two Oxycodone pills earlier that day for a hand injury. (¶¶4-6). The officer’s reference to Halida’s statement at trial was not prejudicial because “[i]n view of the record,

You know the NYC stop-and-frisk litigation where the Second Circuit sua sponte removed the district court judge.  The plaintiffs have moved for en banc reconsideration.  Read the story and the pleadings here.

Speaking of traffic stops, this one led to 3 enemas, a colonoscopy and a now lawsuit.  Ick.  Click here.

Public defender disbarred for sexually harassing clients.  And just what type of conduct qualifies as “sexual harassment”?  

Steve P. v. Maegan F., 2013 WI 89, dismissing review of an unpublished court of appeals decision; per curiam (Justice Prosser did not participate); case activity

This is every appellate lawyer’s nightmare–pouring your heart into an emotionally charged case presenting a provocative legal issue briefed by 5 different parties and amici and then having the supreme court declare that review was improvidently granted.

The record for this case is confidential so On Point’s explanation of what happened may be imprecise. 

Wood County Human Services v. James D., 2013AP1378, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity

One of the elements of protective placement is that the person has a disability that is permanent or likely to be permanent, § 55.08(1)(d). The County failed to prove this element by clear and convincing evidence because its psychological expert was unable to testify that James suffered from a permanent or likely to be permanent disability,

Sun Prairie v. Brent D. Curry, 2013AP1206, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity

Police had reasonable suspicion to stop Curry, who was driving on a residential street at 3:40 a.m., turned around, sped past the officer’s car, and then turned at a high rate of speed into the driveway of a residence. He then sat in the car for a few minutes before getting out and walking up the driveway;

Dodge County v. Giovanina Louise Ray, 2013AP1588, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity

The general prohibition against inattentive driving in § 346.89(1) covers falling asleep behind the wheel. Ray argued the statutory language prohibiting a person from being “so engaged or occupied as to interfere with the safe driving” of the vehicle required engagement or occupation with something “external” and doesn’t apply to sleeping because,

State v. Jeffrey A. Adamczak, 2013 WI App 150; case activity

Admission of other acts evidence

Adamczak was charged with sexual exploitation by a therapist in violation of Wis. Stat. § 940.22 for having sexual contact with Sabrina. He testified the contact occurred, but only after the patient-therapist relationship was over. (¶¶3, 5). Before trial the state moved to admit the testimony of Sarah and Gail,

Burt v. Titlow, USSC No. 12-414, 11/5/13

United States Supreme Court decision, reversing Titlow v. Burt, 680 F.3d 577 (6th Cir. 2012)

When a state prisoner asks a federal court to set aside a sentence due to ineffective assistance of counsel during plea bargaining, our cases require that the federal court use a “‘doubly deferential’” standard of review that gives both the state court and the defense attorney the benefit of the doubt.