On Point

State v. Richard P. Selenske, 2013AP1403-CR, District 3, 11/5/13; court of appeals decision (1-judge; ineligible for publication); case activity

A dispute about a contract for the purchase of standing hay grew into a misdemeanor theft charge when Selenske, the farmer who owned the hay fields, would not let Kern, the farmer who purchased the hay, pick up the last of the bales. The bare-bones contract Selenske wrote didn’t include a completion date,

The Sentencing Law and Policy blog (an affiliate of the law professor blogs network) tees up the issue nicely.  Their post is pasted in below.

When and how will SCOTUS take up Miller retroactivity issues?

The question in the title of this post is promoted by this local piece reporting on reactions to the Pennsylvania Supreme Court’s decision last week (reported here) that its state teens given mandatory LWOP before the US Supreme Court’s Miller ruling should not get any retroactive benefit from that decision.

Legal history buffs and women’s history enthusiasts might enjoy Cornell Alumni Magazine’s new interview of SCOTUS Justice Ruth Bader Ginsburg.  To read it, click here.

State v. Evan K. Saunders, 2013AP1229-CR, District 1, 11/5/13 (1 judge; ineligible for publication); case activity

This case concerns a gynecologist’s sexual assault of 4 different patients over 2 1/2 years.

Sufficiency of evidence:  Fourth degree sexual assault requires proof that the defendant had “sexual contact” with the victim without her consent.  Wis. Stat. § 940.225(3m).  And “sexual contact,” among other things, requires evidence that the defendant acted either with intent to harm the victim,

Talk about creative lawyering.  In a pending aggravated burglary case, a Tennessee DA moved to ban references to the prosecution as the “government” during trial because it sounds too oppressive.  The criminal defense lawyer’s response:  Judge, if we’re going to let parties ban words (a First Amendment violation) and pick their own designations, call me “Captain Justice, Guardian of the Realm and Leader of the Resistance” (admittedly not as high-ranking as “Attorney General”) and please refer to my client as “Citizen Accused”

First, a spoonful of sugar:

Haunted courthouses.  Just in time for All Souls Day!

Public speaking tips for women lawyers.  Ladies, are you speaking at next week’s SPD conference? This BigLaw memo for lady lawyers will rile you!

Now, the medicine–links to posts about serious issues:

Second Circuit removes judge who ordered overhaul of NYPD’s stop-and-frisk practices.    Read court of appeals ruling here.

State v. Nick A. Lutter, 2012AP2586, District 4, 10/31/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court’s findings of fact at the suppression hearing were not clearly erroneous, and they supported the court’s conclusion there was reasonable suspicion to stop Lutter. Among other reasons for the stop, the state trooper cited Lutter’s crossing the fog line twice and driving onto the fog line once.

State v. Sandra Biancardi, 2013AP1351, District 2, 10/30/13 (1-judge, ineligible for publication); case activity

Biancardi was convicted of OWI.  On appeal she argued that police unlawfully stopped her based on an uncorroborated, anonymous tip contrary to Illinois v. Gates, 462 U.S. 213 (1983).  The court of appeals, citing State v. Post, 2007 WI 60, ¶24, 301 Wis. 2d 1,

State v. Roland Derliel Graham, 2013AP440-CR, District 1, 12/29/13; court of appeals decision (not recommended for publication); case activity

Reasonable suspicion for seizing defendant

¶15      We conclude that under the totality of the circumstances described by [Officer] Wiesmueller, there was reasonable suspicion to stop Graham. Graham was stopped on property that had been the subject of DEA and police surveillance for suspected drug activity. Earlier on the day of Graham’s arrest,

State v. Earnest Lee Nicholson, 2013AP722-CR, District 1, 10/29/13; court of appeals decision (1-judge; ineligible for publication); case activity

Nicholson was arrested for felony battery of his girlfriend, Marnice Franklin, but the battery charge was dismissed after Franklin failed to appear to testify at trial; Nicholson was also charged with resisting an officer, and that charge proceeded to trial and a guilty verdict. (¶¶2-4). At sentencing on the resisting charge the judge made extensive remarks concerning the alleged battery,