On Point

7th circuit decision, imposing discipline  Sanctions – Abandonment of Client  It is apparent from this final motion for additional time that Boyle-Saxton elected to put work for other clients ahead of her obligations to Rodriguez and this court. That is unprofessional; lawyers have an ethical obligation to take no more work than they can perform. […]

7th circuit decision, denying habeas in relief Habeas – Standard of Review – Ineffective Assistance of Counsel  When “no state court has squarely addressed the merits” of a habeas claim, however, we review the claim under the pre-AEDPA standard of 28 U.S.C. § 2243. Under this “more generous standard,” George v. Smith, 586 F.3d 479, […]

Dane Co. DHS v. Kevin D., 2011AP2748, District 4, 2/2/12 court of appeals decision (1-judge, not for publication); for Kevin: Steven Zaleski; case activity Kevin’s failure to respond to the County requests for admission, § 804.11(2), led the trial court to deem those requests admitted, and then to grant summary judgment as to grounds based […]

Heather T. C. v. Donald M. H., 2010AP467, District 2, 2/1/12 court of appeals decision (1-judge, not for publication); for Donald: Thomas K. Voss; case activity Failure to object at trial waived appellate challenge to jury instructions and verdict form that combined two separate periods of abandonment as grounds for termination.  ¶6        Failure to object to proposed jury instructions or […]

State v. Anthony C. Boyden, 2012 WI App 38 (recommended for publication); for Boyden: Rex Anderegg; case activity Information provided by Boyden before his sentencing, which didn’t bear fruit until much later, supported a new factor-based request for sentence modification. State v. Doe, 2005 WI App 68, 280 Wis. 2d 731, 697 N.W.2d 101, followed. ¶14      Boyden’s […]

State v. Terrence T. Boyd, 2012 WI App 39 (recommended for publication); for Boyd: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Because Boyd’s car was registered in a state (Illinois) that issues two plates, car could be stopped for failing to display a plate on the front, in violation of § 341.15(1) (“[w]henever 2 registration […]

Winnebago County v. Nathan W., 2011AP2099, District 2, 2/1/12 court of appeals decision (1-judge, not for publication); for Nathan W.: Martha K. Askins, SPD, Madison Appellate; case activity ¶3        Here, Dr. Zerrien’s testimony at the commitment hearing supported the circuit court’s commitment order.  Dr. Zerrien was Nathan’s treating psychiatrist.  Dr. Zerrien testified based on his treatment of Nathan and his […]

State v. Sharon A. Sellhausen, 2012 WI 5, reversing 2010 WI App 175; for Sellhausen: Byron C. Lichstein; case activity The trial judge’s daughter-in-law was part of the jury pool; Sellhausen didn’t seek her removal for cause, but used a peremptory to strike her, which rendered harmless any possible error in the trial judge sua sponte failing to […]

State v. Daniel H. Hanson, 2012 WI 4, affirming 2010 WI App 146; for Hanson: Robert R. Henak, Chad Lanning; case activity Fleeing, § 346.04(3) – Elements: “Willful or Wanton Disregard”  Fleeing does not require “an evil or malicious state of mind” when disregarding an officer’s signal: ¶22  In Wis. Stat. § 346.04(3), “willful” modifies “disregard.”  In that context, “willful” requires […]

State v. Christopher J. Holan, 2011AP1717-CR, District 3, 1/31/12 court of appeals decision (1-judge, not for publication); for Holan: Martha K. Askins; case activity Holan’s admission to his prior felony conviction satisfied § 973.12(1); the court rejects his argument that the record must show his knowledge that  he faced increased punishment because of the prior […]