On Point

State v. Joseph J. Johnson, 2011AP806-CR, District 4, 11/3/11 court of appeals decision (1-judge, not for publication); for Johnson: Rebecca J. Vahle; case activity Trial counsel’s failure to move to strike several jurors for cause didn’t require Machner hearing: ¶12      In State v. Traylor, 170 Wis. 2d 393, 399-400, 489 N.W.2d 626 (Ct. App. 1992), this court […]

City of Sheboygan v. Kathy L. Reindl-Knaak, 2011AP1090, District 2, 11/2/11 court of appeals decision (1-judge, not for publication); for Reindl-Knaal: Casey J. Hoff; case activity ¶7        The parties do not dispute that Reindl-Knaak’s vehicle had an expired front license plate, that the temporary plate affixed to the rear of the vehicle was later determined to […]

Chester B. v. Larry D., 2011AP926, District 2, 11/2/11 court of appeals decision (1-judge, not for publication); for Larry D.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Entry of default against parent imprisoned out of state violated his right to due process under the circumstances. On receipt of the petition and summons, Larry contacted the petitioner’s attorney and said […]

State v. Frank Plum, 2011AP956-CR, District 3, 11/1/11 court of appeals decision (1-judge, not for publication); for Plum: Martha K. Askins, SPD, Madison Appellate; case activity The officer who stopped Plum for suspected drunk driving testified that Plum refused to answer questions about the type or amount of medication he had consumed: this amounted to […]

Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11 seventh circuit decision, denying habeas relief on review of 2006AP1633-CR The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t […]

State v. David W. Domke, 2011 WI 95, reversing unpublished decision; for Domke: Martha K. Askins, SPD, Madison Appellate; case activity Although Domke establishes deficient performance in several different respects, he fails to satisfy his burden of showing prejudice. Failure to object to hearsay testimony / medical treatment and diagnosis exception inapplicable to counselors and […]

In the Matter of Sanctions in: State v. Gregory K. Nielsen, 2011 WI 94, remanding sanctions order; for State Public Defender: Joseph N. Ehmann; case activity; subsequent history: sanction re-imposed on remand Monetary sanction summarily ordered by court of appeals against appellate counsel for allegedly violating appendix-content rule reversed, with following “suggestion” for procedure to be followed in […]

Cavazos v. Shirley Ree Smith, USSC No. 10-1115, 10/31/11 (per curiam); prior history: Smith v. Mitchell, 437 F.3d 884 (9th Cir. 2006), vacated and remanded in light of Carey v. Musladin, 549 U. S. 70 (2006) by Patrick v. Smith, 550 U. S. 915, reinstated on remand, 508 F. 3d 1256 (2007); vacated and remanded in light of McDaniel v. Brown, 558 […]

Dane Co. DHS v. Lamont B., 2011AP1750, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Lamont B.: Ann T. Bowe; case activity The trial court properly exercised discretion in terminating parental rights, rather than dismissing the petition and transferring guardianship of the children to their foster parents pursuant to §§ 48.977(2) and § 48.427(3m)(c). ¶6        Six […]

State v. Christina L. Contizano, 2011AP477-CR, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Contizano: Robert C. Howard III; case activity At Contizano’s sentencing for obstructing, based on lying to the police about her daughter’s location, the trial court didn’t erroneously exercise discretion in allowing Contizano’s ex-husband to advocate as a “victim” of […]