On Point

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.

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court of appeals decision (1-judge, not for publication); for Lamont B.: Ann T. Bowe; case activity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 factors must be satisfied for a court to appoint a guardian under Wis.

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court of appeals decision (1-judge, not for publication); for Contizano: Robert C. Howard III; case activity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 the offense, in favor of a term of incarceration.

¶7        We conclude the court did not erroneously exercise its discretion when it considered the Walworths’ statements at sentencing.  

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court of appeals decision (1-judge, not for publication); for Brenda l.C.: Eileen A. Hirsch, SPD, Madison Appellate; case activity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 and her sister’s family (which sought the termination). “The evidence established that Brenda had last seen Samantha approximately six months prior to the hearing at a family gathering and had only spoken to Samantha at that event for a few minutes,

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court of appeals decision (1-judge, not for publication); for Zellmer: John D. Hyland; case activity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 having drunk 2 beers and a mixed drink; her performance on field sobriety tests exhibited signs of intoxication.

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 to search the defendant’s person, vehicle,

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 plea exposed him to deportation entitles him to a hearing on his motion.

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 of the stop,

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 alleged involvement in a drug-house robbery and murder of an occupant –

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:

1. the sentencing court’s reliance on the co-defendant’s statements as suggestive of Kimbrough’s own failure to accept responsibility for the crime (Kimbrough doesn’t meet his burden of showing erroneous attribution to him of the co-defendant’s statements,