On Point

State v. Daniel M. Buesgens, No. 2011AP2241-CR, District 3, 3/27/12 court of appeals decision (1-judge, not for publication); for Buesgens: Eric John Nelson; case activity Buesgens, told he was “absolutely free to go” after a concededly proper traffic stop, wasn’t then “reseized” when the officer asked questions related to whether he had been drinking. ¶15      Similar to Williams, […]

State v. Laura M., 2011AP2828, District 1, 3/27/12 court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report […]

Question Presented (from Cert Petition):  Whether the Florida Supreme Court has decided an important federal question in a way that conflicts with the established Fourth Amendment precedent of this Court by holding that an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search […]

State v. Scott P. Wojcik, 2011AP2568-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Wojcik: Christopher Lee Wiesmueller; case activity 90-day jail sentence for OWI-2nd (minimum 0f 5 days, maximum of 6 months) upheld as proper exercise of discretion. Trial court considered as aggravators recentness of prior OWI conviction (2008) and his seeming level […]

State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited: ¶2        A defendant facing an enhanced sentence […]

Lafler v. Anthony Cooper, USSC No. 10-209, 3/21/12, vacating and remanding, 376 Fed. Appx. 563 (6th Cir. 2010); prior post; companion case: Missouri v. Frye, 10-444 Cooper turned down a favorable plea bargain and instead went to trial, after his attorney erroneously told him the prosecution would be unable to establish intent to kill because […]

United States Supreme Court decision, vacating and remanding, 311 S.W.2d 350 (Mo. App. W.D. 2010); prior post; companion case: Lafler v. Cooper, 10-209 Counsel – Effective Assistance – Plea Bargaining  Counsel’s failure to communicate to Frye a favorable plea bargain offer from the prosecutor was deficient performance under 6th amendment analysis of effective assistance of counsel. Frye’s […]

Luis Mariano Martinez v. Ryan, USSC No. 10-1001, 3/20/12, reversing and remanding, 623 F.3d 731 (9th Cir. 2011) Where, under state law, claims of ineffective assistance of trial counsel must be raised in an initial-review collateral proceeding, a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance […]

State v. Heidi L. Fleischmann, 2011AP2558-CR, District 3, 3/20/12 court of appeals decision (1-judge, not for publication); for Fleischmann: Sarvan Singh; case activity The State satisfied its burden of proving that Fleischmann operation of a motor vehicle, in a parking lot adjacent to an empty business building, was on “premises held out to the public […]

court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post Search & Seizure – GPS Device – Warrant  Issues (Composed by On Point):  Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones, __ U.S. […]