On Point

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court of appeals decision (1-judge, not for publication); for Parizanski: Andrew Mishlove; case activity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. 2d 414, 759 N.W.2d 598.

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.

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court of appeals decision (1-judge, not for publication); for Murphy: Leonard G. Adent; case activity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 (1982), the State has exclusive authority over second and subsequent drunk driving offenses.) However,

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court of appeals decision (not recommended for publication); for Walker: Matthew S. Pinix; case activity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 (which had little or no alcohol content) noted that the vials of blood were labeled “Walker,

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court of appeals decision (1-judge, not for publication); for Pah-Nasa B.: Lora B. Cerone, SPD, Madison Appellate; case activity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 wasn’t prejudicial.

¶14      We conclude Pah-Nasa has failed to prove prejudice,

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 U.S.C. § 6928(d)(2)(A). The jury wasn’t called upon to find such storage for more than one day,

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 of 2010,

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 guilty for their truth) on this jury at all?

2) Did the Seventh Circuit violate Mr.

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 the attorney general at his or her capitol office, Main Street office,