On Point

Martin Woolley v. Rednour, 7th Cir No. 10-3550, 12/14/12 seventh circuit decision Habeas Review – Issue Left Unaddressed by State Court Where, on state (Illinois) postconviction review of an IAC claim, the trial court ruled that counsel’s performance had been deficient but not prejudicial, and the state appellate court affirmed solely on the basis of […]

State v. Dylan T.W., 2012AP1761-FT, District 2, 12/12/12 court of appeals decision (1 judge; ineligible for publication); case activity Evidence held sufficient to support delinquency adjudication for felony battery where juvenile pushed a whiteboard into a teacher and then injured the same teacher by forcefully opening a door in the teacher’s path. Arguments the juvenile […]

State v. Mark A. Gierczak, 2012AP965-CR, District 4, 12/13/12 court of appeals decision (1 judge; ineligible for publication); case activity For purposes of obstructing an officer § 946.41, “officer” includes someone with authority “to take another into custody,” and therefore includes a correctional officer at a county jail, ¶¶11-12. The court of appeals thus rejects Gierczak’s challenge to the factual […]

State v. David J. Galarowicz, 2012AP933-CR, District 3, 12/11/12 court of appeals decision (1 judge; not eligible for publication); case activity Galarowicz was not denied his right to a unanimous jury verdict on one count of disorderly conduct where the evidence showed an incident of disorderly conduct with the victim in the residence and additional conduct […]

State v. Alexander Jerome Wiley, 2012AP71-CR, District 1, 12/11/12 court of appeals decision (3 judge; not recommended for publication); case activity Wiley, a co-defendant in a reckless homicide case, moved the circuit court to exclude the in-court identification testimony of an eyewitness to the crime who had picked Wiley out of a photo array. He argued that […]

State v. Brandon H. Bentdahl, 2012AP1426, District 4, 12/6/12; court of appeals decision (1-judge, ineligible for publication), petition for review granted 6/13/13; reversed, 2013 WI 106; case activity A circuit court has discretionary authority to dismiss a refusal charge, § 343.305, after the defendant has pleaded guilty to the underlying OWI, State v. Brooks, 113 Wis. 2d 347, […]

State v. Robert Edwin Burkhardt, 2009AP2174-CR, District 1/4, 12/6/12 court of appeals decision (not recommended for publication); case activity Search & Seizure – Consent  Consent to search isn’t vitiated by nonpretextual threat to obtain a search warrant: ¶16      … (I)t is well established that, “[t]hreatening to obtain a search warrant does not vitiate consent if ‘the […]

court of appeals certification request; certification granted 2/25/13; case activity (Seaton); case activity (Pinno) Issue Presented (from Certification):  Is the failure to object to the closure of a public trial to be analyzed upon appellate review under the “forfeiture standard” or the “waiver standard”? As suggested, in each of these consolidated cases the trial judge barred the […]

Robert Dietrich v. Smith, 7th Cir No. 12-1672, 12/4/12 seventh circuit decision, on habeas review, affirming 2011C117 (E.D. Wis 2/23/12); prior history: State v. Dietrich, Wis. App. 2008AP1697-CR After the trial court denied his request for an in camera inspection of the sexual assault victim’s mental health records, State v. Green, 2002 WI 68, ¶34, 253 Wis. 2d […]

State v. Dennis C. Strong, Jr., 2012AP1204-CR, District 3, 11/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The trial court undertook an appropriate colloquy with Strong before allowing him to waive counsel and represent himself, leading to guilty pleas. The court thus rejects his claim that his pleas were premised on a […]