On Point

State v. Demonte D. Miller, 2011AP1069-CR, District 1, 12/6/11 court of appeals decision (1-judge, not for publication); for Miller: Hannah Blair Schieber, Ellen Henak, SPD, Milwaukee Appellate; case activity Temporary stop of Miller not supported by reasonable suspicion under the following facts: Miller was part of “a quiet candlelight vigil for Miller’s best friend, who had been killed […]

on review of unpublished decision; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity; prior post Sufficiency of Evidence (Possession with Intent to Deliver) – Circumstantial Evidence Standard of Review /  Stipulation (Offense Element) – Right to Jury Trial Issues (from Smith’s PFR):  1. The Trial Evidence Was Insufficient to Support Smith’s Conviction of Possessing a […]

Drafting and filing petitions without disclosing counsel’s involvement (“ghostwriting”) didn’t violate counsel’s duty of candor to the court, In re Liu, 2nd Cir. No. 09-90006-am, 11/22/11 (“we conclude that her ghostwriting did not constitute sanctionable misconduct … In light of this Court’s lack of any rule or precedent governing attorney ghostwriting, and the various authorities that permit that practice, […]

State v. Nikolas S. Czysz, 2010AP2804-CR, District 2/4, 12/1/11 court of appeals decision (not recommended for publication); for Czysz: Dianne M. Erickson; case activity The trial court properly exercised its discretion under State v. Gonzalez, 2008 WI App 142, 314 Wis. 2d 129, 758 N.W.2d 153, in dismissing a juror on the fourth day of trial after the […]

State v. Michael Perzel, III, 2011AP1190-CR, District 4, 12/1/11 court of appeals decision (1-judge, not for publication); for Perzel: Waring R. Fincke; case activity Blood test results are admissible without expert testimony to reflect a person’s bac at the time in question (in this OWI-related prosecution, at the time Perzel was driving), so long as […]

Thanks to blogger Bill Tyroler’s Westlaw-like brain, incisive analysis, entertaining writing, and warp-speed posting, On Point is now celebrating 100,000 hits.  Not too shabby for a blog devoted to improving indigent defense in Wisconsin.  Cheers to the many faithful readers who have made On Point a “hit” !

State v. Michael P. Parizanski, 2011AP395, District 2, 11/30/11 court of appeals decision (1-judge, not for publication); for Parizanski: Andrew Mishlove; case activity Seizure of motorist who had parked by the side of a road, leading to an OWI arrest, was supported by community caretaker rationale as informed by State v. Kramer, 2009 WI 14, 315 Wis. […]

court of appeals publication orders, 11/29/11 On Point posts from this list: 2011 WI App 145 State v. Joel D. Rhodes 2011 WI App 146 State v. Scott R. Long 2011 WI App 147 State v. Kenneth M. Davis 2011 WI App 148 State v. Brian K. Avery 2011 WI App 149 J. K. v. […]

City of Waukesha v. James F. Murphy, 2010AP2499, District 1/2, 11/29/11 court of appeals decision (1-judge, not for publication); for Murphy: Leonard G. Adent; case activity The City obtained dismissal of a then-pending OWI-1st, after discovering that Murphy had an OWI-related conviction. (Per Walworth Cnty. v. Rohner, 108 Wis. 2d 713, 722, 324 N.W.2d 682 […]

State v. Tijuan L. Walker, 2010AP2587-CR, District 1, 11/29/11 court of appeals decision (not recommended for publication); for Walker: Matthew S. Pinix; case activity Walker was tried for and convicted of injury by intoxicated use of a vehicle, § 940.25(1)(a), after his car collided with DeAnn Braggs’. A form accompanying the post-accident test kit containing Braggs’ blood […]