On Point

State v. Ronell Howlett, 2012AP1672-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity

Howlett, a school bus driver, was convicted of three counts of sexual assault of C.A., a nine-year-old child he was responsible for driving. (¶¶1-3, 7). Adopting significant portions of the trial court’s postconviction ruling, the court of appeals rejects his claim that trial counsel was ineffective in the following ways:

• Failing to introduce C.A.’s attendance records: C.A.

State v. Brian L. Jackson, 2012AP1008-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity

Sufficiency of the evidence

In a necessarily fact-specific discussion (¶¶4-5, 10-12), the court of appeals holds there was sufficient evidence to support Jackson’s conviction for being a felon in possession of a firearm despite the existence of evidence to the contrary, which included the lack of Jackson’s DNA on the gun (and other objects) he supposedly discarded during a foot pursuit and the fact the officers lost sight of the men they were pursuing at various times during the chase:

 ¶13      The …

From The Huffington Post:

Texas Judge’s Order Upholding ‘Bikini Tops For Strippers’ Law Is Completely Hilarious

From ABA Journal:

Judge jails lawyer and client over tardy arrival for jury selection
(Practice pointer: don’t be late for court.)

Partners ahoy! DLA Piper charters cruise ship for meeting
(Is this is the silk stocking firm’s twist on the SPD conference?)

Judge boldly uses Star Trek references in opinion blasting lawyers who sued porn downloaders
(Imagine the appeal!)

Can remote texter be liable if driver is distracted by message?

Ronald J.R. v. Alexis L.A., 2013 WI App 79; case activity

This is an appeal from a partial summary judgment decision finding grounds to terminate Alexis L.A.’s parental rights.  The father, Ronald J.R., sought termination on two grounds and won summary judgment on the first one.  The parties then stipulated that Ronald would withdraw the second ground, if Alexis would agree not to appeal the partial summary judgment on the first ground.

State v. Michael Lock, 2013 WI App 80; case activity

Multiplicity — conviction for conspiracy and for completed crime under  § 939.72(2)

Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes as a party to the crime and four counts of pandering as party to the crime.

Polk County DHS v. Boe H., 2012AP2612, District 3, 5/7/13; court of appeals decision (1-judge, ineligible for publication); case activity

While the circuit court lacked authority to specify that a person committed to outpatient treatment remain in a group home as a condition of the commitment order (¶14), the county department had the authority to place the person in a group home because that placement does not change the nature of his treatment from “outpatient”

State v. Larry D. Wright, 2012AP1175-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity

The trial court did not erroneously exercise its discretion in instructing the jury by giving Wis. J.I.-Criminal 172 (evidence of defendant’s conduct showing consciousness of guilt), as it was supported by evidence that Wright bribed the complaining witness to write two letters recanting her allegations. (She testified at trial the recantations were untrue). 

State v. Edward Devon Smart, 2012AP1178-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity

Smart is not entitled to plea withdrawal based on co-actor’s testimony that he coerced Smart to commit the crime because the coercion evidence could have been presented using other witnesses known to defendant before he entered his plea:

¶7        Smart argues that Rushing’s testimony is new because he did not know Rushing would testify that he forced Smart to rob the victims.  

State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity

¶9   The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period of confinement is structural error or subject to the application of harmless error analysis…. 

County of Fond Du Lac v. Nathan M. Kohlwey, 2013AP101-FT, District 2, May 1, 2013; (not recommended for publication); case activity.

This appeal may take the prize for the skimpiest briefs–the appellant’s is 6 pages and the respondent’s is 3.  This post is even shorter.

After receiving a 911 call about a driver who had fallen asleep in a truck at a stop sign, sheriff’s deputies stopped a different car,