On Point

Holder v. Carlos Martinez Gutierrez, USSC No. 10-1542, 5/21/12, reversing 411 Fed. Appx. 121 and 399 Fed. Appx. 313 The Attorney General has discretion under 8 U.S.C. §1229b(a) to allow otherwise-removable aliens to remain in the U.S., if the alien satisfies three criteria: minimum of five years as a lawful permanent resident; continuous residence in the U.S. for at least seven […]

Fond du Lac County v. Helen E. F., 2012 WI 50, affirming 2011 WI App 72; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Someone suffering from Alzheimer’s Disease is not a fit subject for commitment under ch. 51 but, instead, guardianship proceedings under ch. 55. ¶13  Wis. Stat. ch. 55 provides Helen with the best means […]

on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack  Issues (Composed by On Point):  Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior […]

Karen Baker v. Department of Health Services, 2012 WI App 72 (recommended for publication); case activity Service, by Mail – Generally  ¶3 n. 2: … In the absence of a statutory provision, the rule in Wisconsin is that service of notice by mail is not effective until the party receives it.  Hotel Hay Corp. v. Milner Hotels, […]

State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12 court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity Mootness Doctrine – Generally  ¶8 n. 2: The State also contends that this issue is moot because the condition of probation Roach challenges expired on January 19, 2012.  An issue is moot when its resolution […]

State v. Shannon J. Perronne, 2011AP1731-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Perrone: Casey J. Hoff; case activity When the principal State’s witness failed to appear at a suppression hearing, the trial court ordered suppression and dismissed the charge. The State then refiled the complaint and the trial court […]

court of appeals decision (1-judge, not for publication); for Aaron B.: Jeremy C. Perri, Hannah Blair Schieber, SPD, Milwaukee Appellate; case activity Guardianship – Placement Hearing – Personal Appearance  Failure to object to ward’s inability to appear at guardianship placement hearing waived argument that court should not have held hearing in ward’s absence. ¶7        Wisconsin Stat. § 55.10(2) provides that […]

State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a penalty enhancer. General Principles. ¶5        A defendant may collaterally attack a prior […]

Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance. ¶10      We disagree that counsel’s performance […]

State v. Ralph S. Stewart, 2011AP1424-CR, District 1, 5/15/12 court of appeals decision (not recommended for publication); for Stewart: Byron C. Lichstein; case activity Counsel’s failure to impeach police officers, with their own reported statements, was deficient: ¶17      While matters of trial strategy are generally left to counsel’s professional judgment, counsel may be found ineffective if […]