On Point

State v. Samuel Curtis Johnson, III, 2011AP2864-CRAC, District 2, 4/18/12, WSC rev granted 11/14/12 court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Johnson: Mark D.   Richards, Michael F. Hart, Craig S. Powell, Geoffrey R. Misfeldt; case activity Shiffra-Green Procedure – Privileged Records – Remedy Where Witness Declines Consent for in Camera […]

State v. Clarence E. Brown, 2011AP2049-CR, District 1, 4/17/12 court of appeals decision (1-judge, not for publication); for Brown: Daniel R. Drigot; case activity Carrying Concealed Weapon, § 941.23 (2009-10) – Facially Constitutional The court upholds the constitutionality of the prior version of § 941.23, CCW, as not violating the right to bear arms (since-modified, to allow conceal-carry […]

State v. Thomas M. Pocian, 2012 WI App 58 (recommended for publication); for Pocian: Martin E. Kohler, Craig S. Powell, Geoffrey R. Misfeldt; case activity ¶2        In 1986, Thomas M. Pocian was convicted of writing forged checks, a felony.  Twenty-four years later, Pocian was prosecuted under Wis. Stat. § 941.29, which prohibits a felon from possessing a firearm.  Relying on Heller and McDonald, Pocian […]

State v. Michael L. Frank, 2011AP2306, District 3, 4/10/12 court of appeals decision (1-judge, not for publication); for Frank: Robert A. Kennedy, Jr.; case activity Information, provided by a 911 caller reporting observations about Frank’s erratic driving, provided a basis for a lawful stop. 17      In this case, we conclude that Judge lawfully stopped Frank based on Shatzer’s […]

State v. David D. Austin, 2011AP1042, District 1, 4/10/12 court of appeals decision (1-judge, not for publication); pro se; case activity Because Austin was no longer in custody under the conviction he sought to collaterally attack pursuant to § 974.06, the court lacked jurisdiction to entertain his motion. It is not enough that he was in […]

State v. Levi Alexander Rodebaugh, 2011AP2659-CR, District 4, 4/5/12 court of appeals decision (1-judge, not for publication); for Rodebaugh: Bryon J. Walker; case activity Grant of mistrial was unsupported by “manifest necessity,” hence was an erroneous exercise of discretion, where the complainant failed to show for trial and couldn’t be quickly located. Retrial is therefore barred as […]

Question Presented (from Supreme Court docket):  The Immigration and Nationality Act provides that an alien “who is convicted of an aggravated felony at any time after admission is deportable.” 8 U.S.C. §1227(a)(2)(A)(iii). A state law offense may constitute an “aggravated felony” if it is the equivalent of a “felony punishable under the Controlled Substances Act.” […]

State v. Devin W. Felix, 2012 WI 36, reversing unpublished decision; for Felix: Leonard D. Kachinsky; case activity Under Payton v. New York, 445 U.S. 573 (1980), warrantless arrest following nonconsensual entry of a home is illegal unless supported by probable cause and exigent circumstances. However, New York v. Harris, 495 U.S. 14 (1990) deems non-suppressible as a matter […]

Florence v. Board of Chosen Freeholders of County of Burlington et al., USSC No. 10-945, 4/2/12, affirming 621 F.3d 296 (3rd Cir. 2010) A jail policy requiring that every detainee who will be admitted to the facility’s general population may be required to undergo close visual inspection while undressed is reasonable under the fourth amendment. The question […]

Monroe Ace Setser v. U.S., USSC No. 10-7387, 3/28/12, affirming 607 F.3d 128 (5th Cir 2010) District courts have authority to make a sentence for a federal offense consecutive to an anticipated, but not-yet imposed state sentence. Sentencing Reform Act of 1984, 18 U. S. C. §3584, construed. It is fundamental that we construe statutes governing […]