On Point

State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12

court of appeals decision (1-judge, ineligible for publication); case activity

Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997).

¶8        As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing.  We conclude the trial court’s waiver colloquy complied with Klessig.  

State v. Marilyn M. Torbeck, 2012AP522-CR, District 2, 8/1/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶6        … For the State to charge Torbeck with OWI under § 346.63(1)(a), DFE must be either an intoxicant, a controlled substance, a controlled substance analog, or a drug.  DFE is not listed as a controlled substance under either Wisconsin or federal law.  A “controlled substance analog” is defined as “a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance.”  Wis.

State v. Paul H. Olson, 2011AP1728-CR, District 4, 7/26/12

court of appeals decision (1-judge, ineligible for publication); case activity

¶11      Although Officer Welker did not observe Olson commit any traffic violations, the other facts known to Officer Welker at the time he initiated questioning demonstrate that he had reasonable suspicion to justify the investigatory stop.  The incident took place at 11:30 p.m.  “The hour of the day may … be relevant in that the individual’s activities may or may not be consistent with the typical behavior of law-abiding citizens at that time.”  State v.

State v. Jeremiah R. Connour, 2011AP1489-CR, District 3, 7/31/12

court of appeals decision (not recommended for publication); case activity

¶3 n. 2:

Connour’s thirty-eight-page statement of the case includes primarily verbatim Q & A trial testimony, but nonetheless omits relevant evidence necessary to address his postconviction claims.  Most of the remainder of Connour’s recitation of the “facts” inappropriately consists of several pages of argument.  

court of appeals publication orders, 7/27/12

On Point posts from this list:

2012 WI App 74 Jerred Renard Washington v. State of Wisconsin / State v. Jerred Renard Washington

2012 WI App 76 State v. Willie H. Jackson

2012 WI App 77 State v. Joel Joseph Lobermeier

2012 WI App 79 State v. Wayne P. Harris

2012 WI App 82 State v.

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 103 (Justice Ziegler);  case activity; companion decisions: 2012 WI 69, 2012 WI 43

Justice Ziegler, like Justice Roggensack and unlike Justice Crooks, recuses herself from a pending judicial complaint against Justice Prosser.

¶2   The highly unusual issue each justice is called upon to decide is whether he or she,

State v. Terry G. Vollbrecht, 2012 WI App 90 (recommended for publication); case activity

§ 974.06 Motion – Laches Inapplicable 

¶17 n. 14:

While we acknowledge the State’s argument that Vollbrecht’s Wis. Stat. § 974.06 motion is barred by laches and its request that we certify the issue to the supreme court, we decline the State’s invitation.  The State concedes that the supreme court has previously held that laches does not apply under § 974.06. 

State v. Nick E. Sammon, District 2, 2011AP682-CR, 7/25/12

court of appeals decision (not recommended for publication); case activity

Search Warrant – Erroneous Information in Application

A detective’s application for a search warrant of Sammons’ residence asserted that Sammons had been convicted in Texas for drug and burglary offenses (in fact, both had been dismissed after deferred adjudication of guilt). The assertions in the warrant application were based on the NCIC database,

State v. Chavis T. Sheriff, 2011AP1202, District 2, 7/25/12

court of appeals decision (not recommended for publication); case activity

Sheriff’s failure to respond to a no-merit report operates as a serial litigation bar to his subsequent, § 974.06 attempt to argue that trial and postconviction counsel were ineffective. State v. Allen, 2010 WI 89, 328 Wis. 2d 1, 786 N.W.2d 124, discussed and applied.

In the summer of even numbered years the Legislature establishes Interim Study Committees made up of legislators and members of the public who have experience in the field of the committee.  The topics are suggested by members of the Legislature and approved by the Joint Legislative Council.  There are three committees dealing with different areas of the criminal justice system with which the State Public Defender has an interest.  We recommended several staff members for these committees and received one appointment for each.