On Point

Best Price Plumbing, Inc. v. Erie Insurance Exchange, 2012 WI 44; case activity ¶37 n. [11]: In State v. Ndina, 2009 WI 21, ¶29, 315 Wis. 2d 653, 761 N.W.2d 612, this court recognized that the terms “forfeiture” and “waiver” are often used interchangeably, but that the terms embody distinct legal concepts.  Forfeiture is the failure to make the timely assertion of […]

State v. Herbert Ambrose Darden, 2011AP883-CR, District 4, 5/3/12 court of appeals decision (not recommended for publication); for Darden: Angela Conrad Kachelski; case activity Trial counsel correctly construed the holding of State v. Miller, 231 Wis. 2d 447, 460, 605 N.W.2d 567 (Ct. App. 1999): ¶16      This is not the first time that we have been asked to […]

County of Waukesha v. Thomas C. Groshek, 2011AP001371, District 2/4, 5/3/12 court of appeals decision (1-judge, not for publication); for Groshek: Thomas C. Simon; case activity ¶7        Deputy Smith was dispatched to a semi-rural area to investigate a report  that a motorcycle had been involved in an accident at approximately 1:30 a.m., around “bar time,” in the vicinity […]

State v. Michael F. Hyzy, 2011AP2503-CR,    District 2, 5/2/12 court of appeals decision (1-judge, not for publication); for Hyzy: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to uphold OWI guilty verdict, against argument of failure of proof that roadways of gated community were “held out to the public for use of […]

Jessica L. G. v. Gilbert G. J., III, 2011AP3000, District 2, 5/2/12 court of appeals decision (1-judge, not for publication); for Gilbert G.J.: Brian C. Findley; case activity Jessica sought termination of Gilbert’s parental rights to their child. They divorced shortly after the child was born in 1997, and Gilbert had had contact with the […]

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 43 (Justice Roggensack); case activity ¶1   On April 17, 2012, Justice David T. Prosser’s Attorney, Kevin P. Reak, wrote and asked me to disqualify myself from participation in the above-captioned matter, asserting that I am a material witness. … ¶2   … I […]

State v. John E. Meddaugh, 2011AP237-CR, District 1, 5/1/12 court of appeals decision (1-judge; not for publication); for Meddaugh: Theodore Perlick Molinari; case activity ¶9        Based on the totality of the circumstances, we agree with the circuit court that Sturino put forth specific, articulable facts which warranted the stop when considered with the inferences from those […]

State v. Timothy D. Moseley, 2011AP892-CR, District 1, 5/1/12  court of appeals decision (not recommended for publication); for Moseley: Michael J. Steinle; case activity Moseley’s contention, that he qualified his written consent to search with an oral limitation, was rejected by the trial court as a matter of credibility; that finding of fact is now […]

State v. Thaying Lor, 2011AP2019-CR, District 1, 5/1/12 court of appeals decision (not recommended for publication); for Lor: Benjamin F. Gallagher; case activity Effective Assistance of Counsel  Counsel did not provide ineffective representation in the following respects: Failure to timely file motion seeking admission of complainant’s prior untruthful allegation of sexual assault. However, Lor did […]

State v. Allen K. Umentum, 2011AP2622-CR. District 3, 5/1/12 court of appeals decision (1-judge, not for publication); for Umentum: Roberta A. Heckes; case activity Under a local, Brown County “standing order,” all in-custody defendants appearing at jury trial were required, without particularized demonstration of need, to wear a non-visible stun belt. The courthouse had no screening checkpoints, […]