On Point

Oneida County Department of Social Services v. Scott H, 2011AP2599, District 3, 5/15/12

court of appeals decision (1-judge, not for publication); for Scott H.: Brian C. Findley; case activity; companion case: Oneida County Department of Social Services v. Amanda H., 2011AP2599 

Notwithstanding trial counsel’s concession of no strategic reason for allowing the jury to view documents reciting Scott’s “history of violent behavior,”

Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12

court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599

TPR – Severance 

On joint trial for termination of parental rights, Scott’s disruptive conduct didn’t necessitate grant of severance motion by Amanda. 

State v. Andre L. Miller, 2012 WI App 68 (recommended for publication); for Miller: Jeffrey J. Guerard; case activity

Haseltine “Vouching” Rule 

The anti-vouching rule of State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984) (one witness may not comment on the credibility of another witness) isn’t applicable to a pre-trial interrogation during which the detective describes the defendant as lying.

State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12

court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity

Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions:

¶17      To begin, we conclude that the amended information properly notified Benson of the charges against him.  The counts were set forth with enough specificity to allow Benson to plead and defend himself and to protect him from being tried twice for the same offense.  

court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Alexander: Hans P. Koesser; case activity

Juror Selection / Dismissal – Right to Personal Presence 

A defendant has a non-waivable right to personal presence at voir dire, ¶6 (citing, § 971.04(1)(c); and, State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct.

State v. Christopher Walter Hurns, 2011AP857-CR, District 1, 5/8/12

court of appeals decision (not recommended for publication); for Hurns: Rex Anderegg; case activity

Hurns wasn’t entitled to adduce, as an exception to the rape shield law, evidence of the complainant’s prior untruthful allegation of sexual assault; § 972.11(2)(b), as informed by 3-part test of State v. DeSantis, 155 Wis. 2d 774, 456 N.W.2d 600 (1990),

State v. Dwain M. Staten, 2011AP916-CR, District 1, 5/8/12

court of appeals decision (not recommended for publication); for Staten: Michael J. Steinle; case activity

Postconviction DNA Testing, § 974.07 

Postconviction testing at state expense requires, among other things, that the defendant show a reasonable probability he wouldn’t have been prosecuted or convicted with exculpatory test results. Staten, whose defense to sexual assault was consent rather than misidentification,

State v. William Martin, 2011AP2168, District 1, 5/8/12

court of appeals decision (not recommended for publication); pro se; case activity; prior history: unpublished decision (2007AP1293-CR)

Because the record conclusively demonstrated that Martin wasn’t entitled to relief, State v. Love, 2005 WI 116, ¶26, 284 Wis. 2d 111, 700 N.W.2d 62, the circuit court properly denied without a hearing his claim that postconviction counsel was ineffective (for failing to argue appellate counsel’s ineffectiveness in several respects).

on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity

TPR – Final Order – Appellate Standing 

Issues (from Petition for Review): 

I.        When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary rules of civil procedure?

II.        Where the trial court determines that it denied the right to counsel during a TPR trial,

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 a right,