On Point

State v. Keith M. Bohannon, 2013 WI App 87; case activity

Substitution of judge; “new” judge under § 971.20(5)

When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new” judge under § 971.20(5). Therefore, a motion to substitute the original judge had to be filed before the arraignment,

State v. Christopher James Athas, 2012AP2151-CR, District 1, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly considered previous sexual assault charges that had been dismissed when it was deciding whether to order Athas to register as a sex offender after his conviction for fourth degree sexual assault:

¶3        …. Whether to order sex-offender registration is part of the circuit court’s sentencing discretion. 

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 best guess” and based on what “I suspect” happened. (¶¶12-13).

Though the trial court found none of the witnesses “all that reliable”

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 (15 in, 10 out); the state did so, but the injured officer,

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 time of sentencing instead of the Guidelines in effect at the time of the offense,

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 by probable cause for a “serious”

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 William Foust, AAG  Tara Jenswold, and Dane County Sheriff Dave Mahoney talking about how the courts and law enforcement intend to implement the change.  

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 a minor child to a third party pursuant to Barstad v.

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 object to certain evidence about conduct Dustin allegedly engaged in shortly before he learned his girlfriend was pregnant with Breyanna.

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 six lane changes without signaling, and was traveling about the same speed while coming within approximately five to ten feet of other cars he was passing–was sufficient to support Kettleson’s conviction for reckless driving:

¶9        To convict Kettleson,