On Point

State v. Cortez Ramon Brooks, I, 2010AP2454-CR, District 1, 1/10/12 court of appeals decision (not recommended for publication); for Brooks: Ann T. Bowe; case activity The trial court immediately struck non-responsive testimony of a jailhouse informant that Brooks had admitted to “multiple homicides.” Denial of a subsequent motion for mistrial based on this testimony is […]

State v. Demian Hyden McDermott, 2012 WI App 14 (recommended for publication); for McDermott: Robert R. Henak, Amelia L. Bizzaro; case activity ¶9 n. 2: McDermott complains that the circuit court “erroneously exercised its discretion by its wholesale adoption of the State’s brief as its decision.”  (Most capitalization omitted.)  The sum total of the circuit court’s analysis in denying McDermott’s […]

State v. Demian Hyden McDermott, 2012 WI App 14 (recommended for publication); for McDermott: Robert R. Henak, Amelia L. Bizzaro; case activity Sentencing Review – New Factor – Assistance to Law Enforcement  McDermott, convicted in 1991 of first-degree intentional homicide, ptac with a parole eligibility date of 35 years, seeks new-factor-based modification of his PED on […]

Question Presented:  Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause? Scotusblog Page Florida supreme court decision, State v. Jardines (4/14/11) Coverage by Lyle Denniston, Orin Kerr (“fun stuff for Fourth Amendment nerds”), Kent Scheidegger (“This is solid police […]

Make your vote count! Prosecutors behaving badly. (Call us vote-rigging provincials, but we’re partial to the Badger state nominee, Grant County DA Lisa Riniker, UW 2000, who wants a 6-year-old held subject to sex offender registration for “playing doctor.” Residency restrictions for this 6-year-old? Deterrence at work. We have too many doctors, anyway.) Cliff Gardner “says there […]

court of appeals decision (1-judge, not for publication); pro se; case activity Plea Withdrawal – Nelson/Bentley Hearing – Exculpatory Evidence  Ardell wasn’t entitled to a hearing on his postconviction plea-withdrawal motion premised on alleged suppression of exculpatory evidence. The court holds that, even assuming that the State did withhold exculpatory evidence, the motion failed to […]

State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1))  Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after […]

State v. Jerome Mark Panick, Jr., 2011AP1107-CR, District 3, 1/4/12 court of appeals decision (1-judge, not for publication); for Panick: Paul G. LaZotte, SPD, Madison Appellate; case activity The court rejects Panick’s argument that he “substantially complied” with IAD requirements for demanding a speedy trial on a detainer as set forth in § 976.05(3)(b). (Panick […]

State v. Nathaniel B. Kind, 2011AP1875-CR, District 4, 12/29/11 court of appeals decision (1-judge, not for publication); for Kind: Ryan McNamara; case activity A traffic stop for impaired driving supported by officer’s observation that Kind’s vehicle crossed fog line twice, without explicable cause such as debris on road. ¶15      While any one of these facts, standing […]

court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry – Community Caretaker  Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d […]