On Point

Dawn H. v. Pah-Nasa B., 2011AP1198, District 3, 11/29/11 court of appeals decision (1-judge, not for publication); for Pah-Nasa B.: Lora B. Cerone, SPD, Madison Appellate; case activity Given the proof of lack of parental responsibility as a ground for terminating Pah-Nasa’s rights, counsel’s failure to object to testimony about a fight between Pah-Nasa and his mother […]

Question Presented (composed by Scotusblog):  Whether the Fifth and Sixth Amendment principles that this Court established in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, apply to the imposition of criminal fines. Scotusblog page Petitioner, a natural gas company, was found guilty by jury of one count of knowingly storing mercury without a permit, 42 […]

Question Presented (composed by Scotusblog):  Whether the Fair Sentencing Act of 2010 applies in an initial sentencing proceeding that takes place on or after the statute’s effective date if the offense occurred before that date. Hill: Scotusblog page; consolidated with Dorsey (lower court decision: United States v. Fisher, 635 F.3d 336 (7th Cir. 2011)) The Fair Sentencing Act […]

Questions Presented (from Scotusblog):  1) Did the Seventh Circuit violate this Court’s precedent on harmless error when it focused its harmless error analysis solely on the weight of the untainted evidence without considering the potential effect of the error (the erroneous admission of trial counsel’s statements that his client would lose the case and should plead […]

Melissa M. Hines v. Daniel K. Resnick, M.D., 2011 WI App 163 (recommended for publication); case activity The requirement in  § 893.82(5)  that a notice of claim against a state employee must be “served upon the attorney general at his or her office in the capitol by certified mail” is satisfied “by certified mail addressed to […]

State v. Gustavo E. Lopez, 2011AP1037-CR, District 2, 11/23/11 court of appeals decision (1-judge, not for publication); for Lopez: Walter Arthur Piel, Jr.; case activity ¶8        While the record reveals that Lopez is correct in stating that the court took video evidence from the roadside stop into consideration when making the finding of probable cause, we […]

State v. Herbert L. Hamilton, 2011AP1325-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Hamilton: Dixie Lippit; case activity Although driver in single-car accident didn’t exhibit signs commonly associated with intoxication, the smell of alcohol on his breath coupled with his loss of control of the car provided probable cause to administer a preliminary […]

State v. Jeffrey Steinhorst, 2011AP1360-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Steinhorst: Steven Cohen; case activity Steinhorst made a prima facie showing that he did not validly waive counsel in a prior OWI case; therefore, he is entitled to a hearing at which the State must prove proper waiver, […]

Dane Co. DHS v. Nikita B., 2011AP2054, District 2, 11/23/11 court of appeals decision (1-judge, not for publication); for Nikita B.: Suzanne l. Hagopian, Eileen Huie; case activity Evidence held sufficient to sustain termination of parental rights, premised on substantial likelihood parent wouldn’t meet conditions for return of child placed in foster care: ¶8        This court’s […]

State v. Olu A. Rhodes, 2009AP25-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication), on remand from, 2011 WI 73; for Rhodes: John J. Grau; case activity Expert witness qualification rests in the sound discretion of the trial court; here, it was well within that discretion to allow the following testimony: ¶4        Marchant, who described […]