On Point

Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation  As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had […]

Cesar Deleon v. Circuit Court for Brown County, 2012AP278, District 3, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Summary Contempt, §§ 785.01(1)(a), 785.04(2)(b) – “Unit” of Sanctionable Conduct  Separate, consecutive punishments meted out for each of 11 profane utterances and 1 act of spitting during brief exchange with judge upheld, against […]

State v. Robert M. Schmitt, 2012 WI App 121 (recommended for publication); case activity Although “the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action,” ¶1,  an authentication defect attributable to a clerk’s error is merely technical and doesn’t impair jurisdiction. ¶4        In Schmitt’s case, the […]

Question Presented: Whether a state’s failure to fund counsel for an indigent defendant for five years, particularly where failure was the direct result of the prosecution’s choice to seek the death penalty, should be weighed against the state for speedy trial purposes? Docket Lower court opinion (State v. Boyer, 56 So.3d 1119 (La. App. 2011) Scotusblog page The […]

Question Presented: Whether this Court’s decision in Harris v. United States, 536 U.S. 545 (2002), should be overruled. Docket Lower court opinion (U.S. v. Alleyne, CTA4 No. 11-4208, 12/15/11 (unpublished)) Scotusblog page Alleyne was convicted by a jury of using or carrying a firearm during and in relation to a robbery, 18 U.S.C. §§ 924(c), 2. Though […]

County of Marathon v. Paul R. DeBuhr, District 3, 2011AP2959, 10/2/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶13      At the outset, we observe that DeBuhr was given the opportunity to raise his concerns about Hackworthy’s testimony and retrograde extrapolation in the circuit court but failed to do so.  DeBuhr never responded to the […]

Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity Ch. 51 Commitment – Sufficiency of Evidence Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied:  ¶12      Here, the County had to prove, […]

State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12 court of appeals decision (not recommended for publication); case activity The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide. ¶28      Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a […]

on review of unpublished decision; case activity Issues (composed by on Point)  1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible […]

court of appeals publication orders, 9/27/12 On Point posts: 2012 WI App 99 State v. Michael Anthony Lock 2012 WI App 101 State v. Mark M. Benson 2012 WI App 103 State v. Cody A. Gibson 2012 WI App 104 State v. Jason M. Jacobs 2012 WI App 105 State v. Pierre R. Conner