On Point

State v. Forrest Andre Saunders, 2011 WI App 156 (recommended for publication); for Saunders: Robert A. Kagen; case activity Notice of Alibi, § 971.23(8) – DA Comment on Missing Witness  “Alibi” merely refers to the fact that the defendant was elsewhere when the alleged occurred, ¶21, citing, State v. Brown, 2003 WI App 34, ¶13, 260 […]

State v. Lavalle Rimmer, 2010AP2680-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication); for Rimmer: Christian C. Starner; case activity The sentencing court did not actually rely on concededly inaccurate information, therefore Rimmer isn’t entitled to resentencing. Methodology for analyzing inaccurate-information issue recited, ¶¶11-16. Court suggests that something akin to explicit reference to […]

State v. Joseph Hammer, 2010AP3019-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication); for Hammer: Rex Anderegg; case activity The State’s conceded discovery violation (failure to produce reports or photographs related to a trajectory rod investigation) prejudiced the defense and therefore entitles Hammer to a new trial on two counts of attempted […]

Gregory L. Payne v. Basinger, 7th Cir No. 10-1869, 11/10/11 seventh circuit decision Ineffective Assistance of Counsel – Guilty Pleas – Prejudice  The state court erroneously concluded that, because Basinger would have been convicted anyway had he gone to trial, he suffered no prejudice from counsel’s erroneous advice as to the maximum sentence he faced […]

State v. Michael T. Ziller, 2011 WI App 164 (recommended for publication); for Ziller: Michael S. Holzman; case activity ¶11      On the basis of our review of the record in this case, we are satisfied that the circuit court properly exercised its discretion in sentencing Ziller.  The circuit court considered the three primary sentencing factors and noted […]

Racine County HSD v. Bobby G. H., 2011AP795, District 2, 11/16/11 court of appeals decision (1-judge, not for publication); for Bobby G.H.: William E. Schmaal, SPD, Madison Appellate; case activity Bobby’s phase-1 admission to termination of parental rights on the ground of failure to assume responsibility didn’t require that the trial court hear testimony before accepting the […]

court of appeals certification, affirmed 2012 WI 73; for Ziegler: Christopher William Rose; case activity Interfering with Custody, § 948.31(2)  Issue certified: Whether the court of appeals’ prior interpretation of § 948.31(2) to require “initial permission” from the parent should be overruled, State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332. § 948.31(2) addresses “[w]hoever […]

court of appeals decision (1-judge, not for publication); for Wells: Matthew Murray; case activity Plea Bargaining – Judicial Participation  Neither the trial court’s allusion to the disposition it would impose if Wells pleaded guilty (“I’ll probably go along with the recommendation,” but proceeding to trial “would be a whole different ballgame”) nor its own assessment […]

Langlade County Dept. of Social Services v. Rebecca D., 2010AP2497, District 3, 11/15/11 court of appeals decision (1-judge, not for publication); for Rebecca D.: William E. Schmaal, SPD, Madison Appellate; case activity ¶19      On the facts adduced at trial, Rebecca clearly failed to assume parental responsibility for Anthony, pursuant to the standards set forth in Wis. Stat. § 48.415(6). Anthony […]

State v. Jamie L. Salonen, 2011 WI App 157 (recommended for publication); for Salonen: Robert J. Wells, Jr.; case activity ¶1        The trial court in this case granted Jamie L. Salonen’s motion to suppress evidence obtained after she asked to leave the scene of a roadside stop of a vehicle in which […]