On Point

Question Presented (from cert pet): In federal habeas proceedings, undersigned counsel raised for the first time a claim under Wiggins v. Smith, 539 U.S. 510 (2003), that trial counsel were ineffective for failing to investigate the extraordinary mitigating evidence in Mr. Trevino’s life. The federal proceeding was stayed to allow exhaustion, but the Texas Court of […]

State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally  Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is:  (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with […]

State v. Ouati K. Ali, 2011AP2169, District 4, 11/1/12 court of appeals decision (not recommended for publication); case activity Postconviction Proceedings – Right to Counsel  A defendant has no constitutional right to counsel outside the direct appeal period, therefore Ali’s argument that failure to appoint counsel counsel to pursue DNA testing deprived him of due […]

State v. Samuel J. Jacobs, 2012AP728-CR, District 2,10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Frisk resulting in seizure of marijuana upheld where detective, investigating reported drug activity, stopped a vehicle on the pretense a headlight was out and, after questioning the driver (Jacobs) for several minutes, discerned that Jacobs had become unusually nervous […]

Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Probable Cause – PBT, § 343.303 ¶11      At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday […]

State v. Raenold Quiles, 2012AP1282, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Given the trial court’s finding of fact that Quiles was merely “wandering over to and touching the fog line for a bit,” with otherwise “smooth, normal driving,” the traffic stop for crossing the fog line wasn’t supported. […]

court of appeals publication orders, 10/31/12 On Point posts: 2012 WI App 110 State v. Jose O. Gonzalez-Villarreal 2012 WI App 112 State v. Carl Rissley 2012 WI App 113 Scott E. Schmidt 2012 WI App 114 Christopher J. Felton 2012 WI App 117 Chintan V. Patel v. State of Wisconsin

County of Fond du Lac v. Nancy C. Bush, 2012AP1486, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Under the implied consent law, a motorist must, when properly requested to submit to a chemical test, answer “promptly,” State v. Neitzel, 95 Wis. 2d 191, 205, 289 N.W.2d 828 (1980), else failure […]

State v. Daniel Buchanan, 2011AP830-CR, District 1, 10/30/12 court of appeals decision (not recommended for publication); case activity Hearsay – Prior Consistent Statement, § 908.01(4)(a)2 The prior-consistent statement rule allows substantive admissibility of an out-of-court statement if: “(1) the declarant testifies at trial and is subject to cross-examination concerning the statement; (2) the statement is consistent with the declarant’s […]

State v. Michael C. Christofferson, 2012AP571-CR, District 3, 10/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The officer didn’t develop probable cause (for OWI arrest; Christofferson was getting out of his car when the officer first saw him) until after illegal entry of the attached garage, therefore the ensuing arrest was unlawful. […]