On Point

Kathleen N. v. Brenda L. C., 2010AP2737, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Brenda l.C.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Brenda isn’t entitled to a new TPR trial in the interests of justice, notwithstanding a line of inquiry that went to the respective financial capabilities of Brenda […]

State v. Tammi Zellmer, 2010AP1986, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Zellmer: John D. Hyland; case activity Probable cause to believe Zellmer was operating under the influence supported her arrest: she was speeding; the time, 2:50 a.m., was close to “bar time”; her eyes were glassy and bloodshot; she admitted to […]

State v. Tally Ann Rowan, 2010AP1398-CR, rev. granted 10/25/11 on certification request (District 3/4); for Rowan: LaZotte, Paul G.; case activity Issue (from Certification):  The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, § 11, by setting a condition of extended supervision that allows any law enforcement officer […]

on review of summary order (District 2); for Negrete: Jeffrey W. Jensen; case activity Plea Withdrawal – Collateral Attack – Deportation Consequences  Issues (Composed by On Point): 1. Whether the laches doctrine bars Negrete’s motion to withdraw his guilty plea, 18 years after he entered it. 2. Whether Negrete’s assertion that he didn’t know his […]

State v. John E. Ahern, 2011AP898, District 2, 10/26/11 court of appeals decision(1-judge, not for publication); for Ahern: Dennis M. Melowski, Sarvan Singh; case activity The officer had reasonable suspicion to “stop” Ahern’s vehicle for a noncriminal traffic violation, namely that the vehicle was parked in a roadway without affording other traffic sufficient room to drive around it. ¶10      At the time […]

State v. Kenneth M. Davis, 2011 WI App 147 (recommended for publication); for Davis: Robert R. Henak; case activity; reissuance after prior decision withdrawn Several items of testimony, coming to light after trial, directly contradict the trial testimony of the main State’s witnesses, leading the court to conclude that the real issue in controversy – Davis’s […]

State v. Toronee L. Kimbrough, 2010AP2676-CR, District 1, 10/25/11 court of appeals decision (not recommended for publication); for Kimbrough: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity The court rejects Kimbrough’s challenge to sentence, as based on 3 instances of alleged inaccuracies: the sentencing court’s reliance on the co-defendant’s statements as suggestive of Kimbrough’s own failure to […]

State v. Altonio Laroy Chaney, 2011AP207-CR, District 1, 10/25/11 court of appeals decision (not recommended for publication); for Chaney: Angela Conrad Kachelski; case activity; prior appeal: 2008AP395-CR Chaney’s argument that an eyewitness had recanted his version of having seen Chaney sexually assault the victim didn’t satisfy the new factor test for sentence modification: the sentencing court […]

Outagamie County v. Lorna G., 2011AP1662, District 3, 10/25/11 court of appeals decision (1-judge, not for publication); for Lorna G.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Although the trial court’s reference to “potential” for harm was an “imprecise summary” of the §51.20(1)(a)2b test for commitment (“substantial probability of physical harm”), this articulation “was […]

court of appeals certification; for Bryan Stanley: Kristin M. Kerschensteiner; case activity Open Records – Sealed Court File – NGI Condition Release Plan  The appeal raises two significant issues at the intersection of Wisconsin’s Open Records Law and Mental Health Act, one procedural and one substantive. The procedural issue involves the proper mechanism to pursue an open records […]