On Point

Question Presented (from cert petition): Whether, pursuant to Michigan v. Summers, 452 U.S. 692 (1981), police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed. Docket Lower court decision (652 F.3d 197 2nd Cir 2011) […]

seventh circuit court of appeals decision Habeas Review – Batson Claim  The State’s pattern of peremptory strikes – at least 15, possibly 17, out of 20, directed at African-Americans – was so “disproportionate” as to “give[] rise to an inference of discrimination.” This is so, despite Harris limiting his challenges to 9 of these 17 […]

Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Janeen J.C.: Katie R. York, SPD, Madison Appellate; case activity The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189 […]

State v. Susan M. Thorstad, 2011AP2854-CR, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Thorstad: Charles W. Giesen; case activity Mistrial was granted after the arresting officer, in contravention of pretrial order, testified that this was Thorstad’s second OWI. However, the officer was unaware of the order, because the prosecutor had failed […]

court of appeals publication orders, 5/31/12 On Point posts from this list: 2012 WI App 55 State v. Shawn M. Klingelhoets 2012 WI App 58 State v. Thomas M. Pocian

State v. Eric Archie Armstrong, District 2/1, 2010AP1056-CR, 5/30/12 court of appeals decision (not recommended for publication); for Armstrong: Ellen Henak, SPD, Milwaukee Appellate; case activity Setting restitution four years after sentencing didn’t violate double jeopardy principles, turning principally on whether Johnson “had a legitimate expectation of finality in the first judgment,” State v. Greene, 2008 WI App […]

court of appeals decision (1-judge, not for publication); for Anderson: Dennis M. Melowski, Chad A Lanning; case activity Traffic Stop  Probable cause found to support stop for unsafe lane deviation, § 346.13(1). ¶12      Here, DeNovi testified that, while traveling in a group of three vehicles, he observed Anderson’s vehicle drift into the outside lane for approximately 100 yards and […]

court of appeals decision (1-judge, not for publication); for Thomas: John M. Carroll; case activity Traffic Stop – Duration  ¶8        Thomas argues Schellinger lacked reasonable suspicion to extend the traffic stop because the only fact supporting Schellinger’s belief that Thomas was operating while intoxicated was the odor of intoxicants.  Thomas asserts the odor of intoxicants does not, […]

State v. Jason T. Moynihan, 2011AP2858-CR, District 2, 5/30/12 court of appeals decision (1-judge, not for publication); for Moynihan: Lora B. Cerone, SPD, Madison Appellate; case activity ¶8        In this case, the deputy pulled over the vehicle driven by Moynihan because he believed it was being driven by Saeger and believed that Saeger’s driver’s license was revoked.  The question […]

State v. Douglas Meier Williams, 2012 WI 59, on review of court of appeals certification request; for Williams:  Stephen P. Hurley, Dean A. Strang, Marcus J. Berghahn, Jonas B. Bednarek; case activity Wis. Stat. § 757.69(1)(b), giving circuit court commissioners authority to issue search warrants, is constitutional. ¶3   Throughout Wisconsin’s history, including before the ratification of the Wisconsin Constitution, non-judges have been […]