On Point

State v. Terry E. Nelson, 2012AP1418-CR, District 3, 10/23/12 court of appeals decision (1-judge, ineligible for publication); case activity Reasonable suspicion supported stop of vehicle pulling out of driveway of house from which, shortly before, someone had called 911 but then hung up. United States v. Cohen, 481 F.3d 896 (6th Cir. 2007) (“the virtually complete lack of […]

on review of unpublished decision; case activity Issue (composed by On Point)  Whether, after asserting his right to counsel, Lonkonski initiated further communication with the police so as to allow admissibility of his ensuing statement, Edwards v. Arizona, 451 U.S. 477, 483-85 (1981). There may be a threshold dispute as to whether Lonkoski was in custody […]

on review of published decision; case activity Issues (composed by On Point):  1. Whether the evidence is sufficient to sustain conviction for conspiracy-theft by fraud, in that: no conspirator expressly made a false representation; and in any event, Steffes joined the conspiracy after it had already been set in motion. 2. Whether the evidence is sufficient to sustain […]

Nicole P. v. Michael P., 2012AP780, District 3, 10/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Father’s motion to withdraw admission to grounds (based on asserted lack of understanding that: termination of parental rights required an unfitness determination; sole focus of dispositional hearing would be child’s best interests, with no concern for parent’s […]

City of Sheboygan v. Herbert Binkowsky, 2012AP974, District 2, 10/17/12 court of appeals decision (1-judge, ineligible for publication); case activity An anonymous call to the police, reporting the commission of domestic violence by a suspect who drove away in a red Cadillac with an identified plate number, was sufficiently corroborated to support a stop of a car […]

Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698, […]

State v. Kenneth Roberts, 2012AP266, District 3, 10/11/12 court of appeals decision (not recommended for publication); case activity Discharge hearing wasn’t required on petition, where the sole expert opinion affirmed a high risk of recividism based on “dynamic” factors, notwithstanding that revised actuarial scoring methodology yielded a lower risk for “static” factors. State v. Arends, 2010 […]

State v. Curtis L. Jackson, 2011AP2698-CR, District 1, 10/10/12; court of appeals decision (not recommended for publication), petition for review granted 2/11/13, affirmed, 2014 WI 4 (1/22/14); case activity Waiver (Lack of Objection), Generally – Jury Instructions ¶8        … To obtain relief based on a jury instruction to which no objection was made, Jackson […]

State v. Darold M., 2012AP1020, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges. ¶2        We conclude that Darold has not met his burden of showing that plea withdrawal […]

Godfrey & Kahn, S.C. v. Circuit Court for Milwaukee County, 2012 WI App 120(recommended for publication); case activity A court doesn’t possess inherent authority to impose on counsel a sanction (here, monetary) for pre-litigation advice, that is, conduct occurring before the court’s jurisdiction was invoked: ¶3        We conclude that the record, particularly the trial court’s own […]