On Point

Panagis Vartelas v. Holder, USSC No. 10-1211, 3/28/12, reversing, 620 F.3d 108 (2nd Cir. 2010) Vartelas, a lawful permanent resident, pleaded guilty in 1994 to an offense that under then-settled law didn’t hinder his ability to take brief trips abroad. Congress, however, subsequently enacted the Illegal Immigration Reform and Immigrant Responsibility Act (“Act”), which did place […]

Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity ¶32  … The word “may” is ordinarily used to grant permission or to indicate possibility.  See The American Heritage Dictionary of the English Language 1112 (3d ed. 1992).  Accordingly, when interpreting a statute, we generally construe the word “may” as permissive.  Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt […]

Admiral Insurance Company v. Paper Converting Machine Co., 2012 WI 30; case activity ¶3   If we conclude that there is any ambiguity in an order or judgment about whether it disposes of the entire matter in litigation as to one or more of the parties, we will construe the ambiguity so as to preserve the right […]

court of appeals certification request; case activity Voter ID Law  (From the Certification:) There are many issues in this case, but this certification focuses on the following questions:  (1) What level of judicial scrutiny should be employed in reviewing the plaintiffs’ challenge to the Act?  (2) Does the Wisconsin Constitution provide greater protection to voting rights than […]

court of appeals certification request; case activity Voter ID Law  (From the Certification:) This appeal challenges a circuit court order that permanently enjoined implementation of those portions of 2011 Wisconsin Act 23 requiring Wisconsin electors to display government-authorized photo identification either at the polling place or to election officials by the Friday following an election.  […]

court of appeals publication orders, 3/28/12 On Point posts from this list: 2012 WI App 33 State v. Sean T. Powell 2012 WI App 38 State v. Anthony C. Boyden 2012 WI App 39 State v. Terrence T. Boyd

State v. Michael E. Mings, 2011AP2467-CR, District 2, 3/28/12 court of appeals decision (1-judge, not for publication); for Mings: Daniel P. Fay, Erin Fay; case activity ¶12      Hallmark testified that he has completed many traffic stops in his three years as a police officer and that “most innocent public, motoring traffic, don’t usually pass … at […]

State v. Christopher J. Anderson, 2009AP3053-CR, District 1, 3/27/12 court of appeals decision (not recommended for publication); pro se; case activity; prior history: 2008AP504-CR Anderson’s prior appeal established that “the trial court erred when it denied his request for an in camera review of [police] personnel files because he had both a constitutional and statutory right to […]

State v. Dawn M. Fletcher, 2011AP1356-CR, District 3, 3/27/12 court of appeals decision (1-judge, not for publication); for Fletcher: Earl J. Luaders, III; case activity The court upholds search of a car following a drug dog alert which occurred while an officer was still processing a warning ticket for a conceded traffic violation: ¶7        On appeal, Fletcher […]

State v. Corrine J., 2011AP1916 / State v. Dalvin C., Sr., 2011AP1882, District 1, 3/27/12 court of appeals decision (1-judge, not for publication); for Corrine J.: Melinda A. Swartz, SPD, Milwaukee Appellate; for Dalvin C.: Jeffrey W. Jensen; case activity Trial counsel’s failure to object to the guardian ad litem’s closing argument wasn’t prejudicial, given […]