On Point

State v. Travis J. Guttu, 2012AP129-CR, District 3/4, 11/28/12 court of appeals decision (not recommended for publication); case activity After entering guilty pleas to multiple counts, Guttu unsuccessfully sought presentencing plea-withdrawal. After sentencing, he sought to withdraw the pleas on different grounds, more particularly: counsel was ineffective for failing to assert Guttu’s lack of knowledge […]

State v. Shawn David Schulpius, 2012 WI App 134; court of appeals decision (recommended for publication); case activity SVP Discharge Hearing – Showing Required, § 980.09(2)  Before granting discharge hearing on a ch. 980 petition, the circuit court must satisfy itself that the petition answers two concerns: First, under § 980.09(1) “paper-review” determination, the petition alleges sufficient facts […]

court of appeals publication orders, 11/29/12 On Point posts: 2012 WI App 119 State v. Marlee F. Devries 2012 WI App 120 Godfrey & Kahn, SC v. Circ. Ct. for Milw. Co. 2012 WI App 121  State v. Robert W. Schmitt 2012 WI App 122 Ardonis Greer v. Schwarz 2012 WI App 126 State v. Ronald W. Lichty 2012 WI App 129 […]

State v. Darryl J. Badzinski, 2011AP2905-CR, District 1, 11/27/12; court of appeals decision (not recommended for publication), petition for review granted 4/18/13; reversed, 2014 WI 6; case activity Complaint – Adequate Notice (Child Sexual Assault) – Waived Objection  Badzinski waived his objection to the complaint – counsel conceded, at a motion to dismiss because of vagueness, that the […]

State v. Cecil Lennel Hudson, 2012AP702-CR, District 1, 11/27/12 court of appeals decision (1-judge, ineligible for publication); case activity Hudson isn’t entitled to credit against his new (disorderly conduct) sentence because it runs consecutive to his old (ES-revocation) sentence: ¶9        At the time of Hudson’s plea and sentencing hearing on the disorderly conduct charge, Hudson’s trial […]

State v. Joel Steinhauer, 2012AP189-CR, District 3, 11/27/12 court of appeals decision (not recommended for publication); case activity When the State fails to articulate the specific other acts testimony it seeks to adduce, the trial court acts within its discretion in ruling the testimony inadmissible without performing the 3-step analysis of State v. Sullivan, 216 Wis. 2d 768, […]

The Legislative Council study committees I mentioned in July are beginning to work on draft legislation that will be forwarded to the Legislature for its consideration early next year.  Most of the legislation affects the SPD or our clients, but two drafts are particularly noteworthy at this point.  First, WLC 0010/1, being considered by the […]

State v. Tony J. Lalicata, 2012 WI App 138 (recommended for publication); case activity Probation is not an available disposition under § 948.02(1)(b) (child sexual assault). By mandating that “the court shall impose a bifurcated sentence” with a confinement portion of at least 25 years for that offense, § 939.616 forecloses the possibility of probation: ¶14      …  We […]

La Crosse Co. DHS v. Kristle S., 2012AP2005, District 4, 11/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The parent was given a meaningful opportunity to cross-examine the social worker with respect to conditions for the children’s return, in that the trial court permitted extensive questioning on these issues before instructing counsel to pursue a different […]

Elliot D. Ray v. Clements, 7th Cir No. 11-3228, 11/19/12 seventh circuit decision, appeal following remand in 592 F.3d 793 (7th Cir 2010) (summarized in prior post) … (W)e hold that in cases where the pro se prisoner’s post-conviction motion is not received, the petitioner must submit a sworn statement and some evidence to support his claim […]