On Point

State v. Christina V., 2013AP405-FT, District 3, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity The evidence was sufficient to support the trial court’s order adjudicating Christina delinquent of disorderly conduct despite the judge’s comments that what happened in the case was “somewhat of a guess” and that his conclusions were “[m]y […]

State v. London Mack Stewart, 2013 WI App 86; case activity Stewart was convicted of reckless injury, reckless endangerment, and felon in possession after he shot at and injured a police officer executing a warrant at a home where Stewart was staying. (¶2). Under the plea agreement the state agreed to recommend a “global” 25-year sentence […]

Marvin Peugh v. United States, USSC No. 12-62, 6/10/13 United States Supreme Court decision, reversing United States v. Peugh, 675 F.3d 736 (7th Cir. 2012) Resolving a split between federal circuit courts, the Supreme Court holds that a sentencing court violates the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the […]

Maryland v. King, USSC No. 12-207, 6/3/13 United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012) In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported […]

The United States Supreme Court’s decision in Missouri v. McNeely marked a big change for Wisconsin.  Click here for On Point’s analysis of the case.  If you’re yearning for more information on what McNeely means for Wisconsin OWI cases, you might want to watch this half-hour program on Wisconsin Eye.  It features Dane County Judge […]

Review of unpublished court of appeals decision; case activity Issue (composed by On Point): Should the Wisconsin Supreme Court modify the legal standard to be applied in third-party guardianship actions under Chapter 54 so as to require circuit courts to consider the best interests of the child? Currently, a trial court may transfer custody of […]

Jenna L.C. v. Dustin J.K.V., 2012AP2696, District 2, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity The court of appeals rejects Dustin’s claim that his attorney was ineffective at the fact-finding hearing on a TPR petition alleging he had failed to assume parental responsibility for his daughter, Breyanna. Trial counsel did not […]

Winnebago County v. Rahb J. Kettleson, 2012AP2230, District 2, 5/29/13; court of appeals decision (1-judge; ineligible for publication); case activity The testimony of a citizen-witness–that a car operated by Kettleson “was probably going about 65 to 68[,]” came within five or ten feet of the rear of his vehicle before passing him, made at least […]

Amy W. v. David G., 2013 WI App 83; case activity David G.’s parental rights were terminated in a proceeding commenced by the child’s mother. He filed a timely notice of intent to pursue postdisposition relief, but his appointed appellate counsel failed to file a notice of appeal before the deadline. (¶3). That deadline cannot be […]

State v. John C. Baker, 2012AP2163-CR, District 2/4, 5/30/13; court of appeals decision (not recommended for publication); case activity The totality of the circumstances shows a police officer could reasonably suspect that a break-in had occurred or was about to occur at the time the officer temporarily detained Baker for the purpose of investigating that […]