On Point

City of Mequon v. Michael R. Wilt, 2011AP931, District 2, 11/9/11 court of appeals decision (1-judge, not for publication); for Wilt: Walter Arthur Piel, Jr.; case activity Because the trial court in this bench trial did not rely on the breath test result in finding Wilt guilty of OWI, therefore his argument that the PBT result was […]

State v. Alok Kumar, 2010AP2703-CR, District 1, 11/8/11 court of appeals decision (not recommended for publication); for Kumar: Robin Shellow, Michael E. O’Rourke; case activity Sentence to presumptive minimum (5 years confinement) for using a computer to facilitate a child sex crime, § 948.075(lr), is upheld as a proper exercise of discretion, against Kumar’s arguments that the sentencing […]

State v. Michael D. Urben, 2011AP982, District 1, 11/8/11 court of appeals decision (1-judge, not for publication); for Urben: Andrew Mishlove, Lauren Stuckert; case activity Notwithstanding evidence that Urben suffered seizures before and after an automobile accident, his refusal to take BAC test wasn’t because of physical disability or disease unrelated to use of alcohol, controlled […]

State v. Gary F. Wieczorek, 2011AP1184-CR, District 3, 11/8/11 court of appeals decision (1-judge, not for publication); for Wieczorek: James R. Koby; case activity Warrantless arrest of Wieczorek on his front porch for OWI, after he answered the officer’s knock was constitutional. The record doesn’t show that Wieczorek had a reasonable expectation of privacy in the porch. ¶¶10-11, […]

City of Sheboygan v. Benjamin B. Schultz, 2011AP904, District 2, 11/09/11 court of appeals decision (1-judge, not for publication); for Schultz: Casey J. Hoff; case activity Stop of Schultz’s vehicle supported by community caretaker doctrine where, as Schultz drove past officer conducting an otherwise unrelated traffic stop, Schultz’s passenger door opened up and someone inside […]

 Posting will be light to non-existent till approximately November 16. Some links in the meantime: Michael O’Hear, “Supreme Court Review: Overarching Themes” Richard D. Friedman, “Coping with the Melendez-Diaz line” Washington supreme court: county noise ordinance unconstitutional (maj. op.; diss1; diss2) Margaret Flynt, “The Baader-Meinhof Phenomenon” (Mr. Badger wonders about the Baader-Meinhof reference, which is a distraction at […]

Samuel Morgan v. Hardy, 7th Cir No. 10-3155, 11/7/11 seventh circuit decision Habeas – Recantation  The Illinois state court didn’t mishandle either the facts or applicable law, and its rejection of State witness Prater’s post-trial recantation as incredible wasn’t unreasonable. The petitioner’s task is to “show[] that the state court determined an underlying factual issue against the clear and […]

Miller: SCOTUSblog page; consolidated with Jackson: SCOTUSblog page Question Presented (from SCOTUSblog): Whether imposing a sentence of life without possibility of parole on an offender who was fourteen at the time he committed capital murder constitutes cruel and unusual punishment in violation of the Eighth Amendment. Sound at least vaguely familiar? It should: our supreme court resolved […]

Bobby v. Archie Dixon, USSC No. 10-1540, 11/7/11 (per curiam), reversing Dixon v. Houk, 627 F.3d 553 (6th Cir 2010) Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court “must show that the state court’s ruling on the claim being presented in federal […]

State v. Jeffrey T. Turner, 2011AP413-CR, District 4, 11/3/11 court of appeals decision (1-judge, not for publication); for Turner: Cody Wagner; case activity The trial court erred in failing to make a sua sponte inquiry into necessity for shackling Turner during his jury trial. Although the court of appeals recently held that a trial court has […]