On Point

Coleman v. Lorenzo Johnson, USSC No. 11-1053, 5/29/12 (per curiam), reversing 446 Fed. Appx. 531 (3rd Cir. 2011) We have made clear that Jackson claims face a high bar in federal habeas proceedings because they are subject to two layers of judicial deference. First, on direct appeal, “it is the responsibility of the jury—not the […]

Now that the 2011-12 Legislative session has ended and all pending bills have been acted on by the Governor, I wanted to offer a brief list of the greatest hits in new legislation. 2011 Wisconsin Act 2 – Tort Reform Sections 33-38 of Act 2 apply the federal Daubert rules regarding expert witnesses. Act 2 […]

Alex Blueford v. Arkansas, USSC No. 10-1320, 5/24/12, affirming 2011 Ark. 8 Double Jeopardy doesn’t bar retrial on greater offenses, despite jury foreperson’s report of unanimous votes against those charges, after ensuing deadlock resulted in mistrial. Blueford’s primary submission is that he cannot be retried for capital and first-degree murder because the jury actually acquitted […]

State v. Susan C. Macho, 2011AP1841-CR, District 2, 5/23/12 court of appeals decision (1-judge, not for publication); for Macho: Leonard G. Adent; case activity ¶8        In this case, Edwards’ actions in pulling up behind Macho and shining his spotlight into her car did not amount to a “show of authority sufficient to effect a seizure.”  Young, 294 […]

State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance […]

State v. James Ralph Whitwell, 2011AP1342-CR, District 3/4, 5/24/12 court of appeals decision (not recommended for publication); for Whitwell: Jefren E. Olsen, Chandra N. Harvey, SPD, Madison Appellate; case activity Whitwell challenges a warrantless blood draw, on related grounds: he objected at the time, informing officials that he suffered from a medical condition that made […]

State v. Mary Alice Gentry, 2012AP59-CR, District 4, 5/24/12 court of appeals decision (1-judge, not for publication); for Gentry: Chandra N. Harvey, SPD, Madison Appellate; case activity ¶6        A traffic stop is a seizure within the meaning of the Fourth Amendment to the United States Constitution, which provides protections against unreasonable search and seizure.  State v. Malone, 2004 […]

Dane Co. DHS v. Angela M. K., 2012AP579, District 4, 5/24/12 court of appeals decision (1-judge, not for publication); for Angela M.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity The court rejects Angela’s challenge to her termination-of-rights plea to grounds. She argued she didn’t fully understand the CHIPS element, namely  that “there is a substantial […]

Outagamie County v. Melanie L., 2012AP99, District 3, 5/22/12, WSC review granted 11/14/12 court of appeals decision (1-judge, not for publication), supreme court review granted 11/14/12; for Melanie M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to sustain involuntary medication order. ¶11      We reject Melanie’s argument that the expert needs to iterate […]

State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity While the practice of allowing ex parte prosecutorial input at the final staffing of a juvenile waiver investigation can’t be recommended, it is nonetheless not impermissible as a matter of law. ¶4   We conclude that the circuit court did […]