On Point

State v. David J. Lawrence, 2013AP796, District 4, 10/10/13; court of appeals decision (1-judge, ineligible for publication); case activity

The circuit court knew of Lawrence’s mental health diagnoses at sentencing, but after sentencing Lawrence was hospitalized after a psychological breakdown. (¶¶3-4). He requested sentence modification, arguing the court was not aware of all his diagnoses or his medication regimen. (¶5). Assuming that information was a “new factor,” the circuit court gave a reasoned explanation for why it declined to modify the sentence,

State v. Jeffrey G. Vanden Huevel, 2013AP1107-CR, District 3, 10/8/13; court of appeals decision (1-judge; ineligible for publication); case activity

After rolling his car over early one morning Vanden Huevel left the scene of the accident and went back to his cabin. (¶¶1-7). A sheriff’s deputy named Kelley located the cabin and started knocking on a sliding patio door. (¶¶8-9). Kelley could see someone inside and told the person to open the door,

Court of Appeals certification; case activity

When deciding a defendant’s motion for postconviction DNA testing under Wis. Stat. § 974.07, must the circuit court presume that the DNA testing results will be exculpatory and then assess whether such presumed exculpatory results would lead to a reasonable probability that he would not have been prosecuted or convicted?

The issue here turns on the meaning of § 974.07(7)(a)2.

State v. Taylor M.S., 2013AP1337, District 2, 10/2/13; court of appeals decision (1-judge; not eligible for publication); case activity

The juvenile court properly exercised its discretion in deciding to waive jurisdiction over Taylor’s charges, rejecting Taylor’s contention that the court failed to consider all of the factors in § 938.18(5), in particular the availability of treatment and services as required by § 938.18(5)(c):

¶6        We agree with the State that the circuit court sufficiently addressed the adequacy and availability of services.

Question presented:

Does the Fourth Amendment require an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle?

Lower court opinion: People v. Lorenzo Prado Navarette, et al., No. A132353, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished)

Docket

Scotusblog page

This is a very significant Fourth Amendment case that could change the law in Wisconsin by limiting State v.

Question presented:

Whether [Castleman’s] Tennessee conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to the mother of his child qualifies as a conviction for a “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9).

Lower court opinion: United States v. James Alvin Castleman, 695 F.3d 582 (6th Cir. 2012)

Docket

Scotusblog page

This case will be important to federal practitioners who handle prosecutions under § 18 U.S.C.

Devoted readers of On Point and its predecessor, Case Summaries, have, on more than a few occasions, encountered a problem called “link rot.”  You’re reading a post.  It includes a hyperlink to a tantalizing source.  You click on it and get an error message.  Arghh!  On Point tries hard to catch and fix those links, but with several thousand posts and tens of thousands of hyperlinks we will never be able to update most of them.

Ozaukee County DHS v. Callen D.M., 2013AP1157, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity

Callen D.M. was not entitled to an instruction about the impossibility of meeting the conditions of a CHIPS order due to her incarceration, a TPR defense recognized in Kenosha Cty. DHS v. Jodie W., 2006 WI 93, 293 Wis. 2d 530, 716 N.W.2d 845:

¶13      The facts in Callen’s case stand in stark contrast to those in Jodie W.

Manitowoc County v. Ryan A. Spatchek, 2013AP986, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity

An anonymous call to police dispatch said Spatchek was operating while intoxicated and that the caller was concerned for his safety and provided verifiable information as to Spatchek’s location  that was later confirmed by a deputy who subsequently found and followed Spatchek and made independent observations of his impaired driving (crossing the fog line approximately three times in one mile;

State v. Alejandro Rodriguez, 2013AP695-CR, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity

Trial counsel was not ineffective for deciding not to call Rodriguez’s girlfriend as a witness. Counsel advised Rodriguez he thought it was not in Rodriguez’s interests to have her testify because her recantations made her credibility suspect, she refused to talk to counsel before trial, and Rodriguez had a no-contact order pertaining to her,