On Point

Chintan V. Patel v. State of Wisconsin, 2012 WI App 117 (recommended for publication); case activity ¶12      In this appeal, we are asked to determine whether the trial court erred in denying Patel’s writ of coram nobis.  The writ of coram nobis is a discretionary writ of “very limited scope” that is “addressed to the trial court.”  Jessen v. State, 95 […]

State v. Frederick J. Scott, 2012AP533-CR, District 3, 9/11/12 court of appeals decision (1-judge, ineligible for publication); case activity The threshold for illegal alcohol concentration is reduced from .08 to .02 for drivers who have at least 3 prior qualifying convictions. Scott had three priors, thus was subject to arrest and prosecution for driving with […]

State v. Tenesha T., 2012AP1283, District 1, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity Parent’s right to be present during TPR trial wasn’t violated when court allowed 30 minutes of testimony during parent’s volunary absence: ¶16      Tenesha bases her argument on Shirley E., contending that a parent’s right to be present during termination […]

Brown County Department of Human Services v. David D., 2012AP722, District 3, 95/12 court of appeals decision (1-judge, ineligible for publication); case activity Parent’s appearance by telephone held to satisfy right to “meaningful participation”: ¶10      “A parent’s rights to his or her children are substantial and are protected by due process.”  Waukesha Cnty. DHHS v. Teodoro E., […]

Dunn County Human Services v. Eric R., 2011AP2416, District 3, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity That counsel for the parent on a termination petition had, while serving as a family court commissioner 19 months earlier, entered a child support order against the parent, did not alone establish a conflict of […]

State v. Lisa M. Arentz, 2011AP2307-CR / State v. Eric R. Hendricks, 2012AP243-CR, District 2, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity (Arentz; Hendricks) Criminal OWI prosecution is premised on, and a resulting sentence enhanced by, a prior civil-forfeiture OWI conviction (which does not itself require unanimous jury verdict upon proof beyond reasonable doubt). Arentz […]

court of appeals certification, supreme court review granted 11/14/12; case activity  § 51.35(1)(e) Patient Transfer, Time Limits Issue certified: Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing […]

State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity Adequate Provocation Defense, §§ 939.44(1),  940.01(2)(a) – Test for Admissibility The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide: ¶9        When applying the some evidence […]

Question Presented: The California Burglary Statute Section 459 does not require as an element that a burglar “enter or remain unlawfully in a building”. The Ninth Circuit held that it could determine whether this “missing element” was shown to have been proven by applying the modified categorical approach. The issues presented are as follows: 1- Whether the Ninth […]

seventh circuit decision Sex Offender Registration – Due Process Right to Correct Errors  Given restrictions on sex offender registrants, more than mere reputational stigma is at stake, and due process therefore requires the implementation of some mechanism for correcting errors in the registry. That brings us to the heart of the due process claim in […]