On Point

State v. Joel D. Rhodes, 2011 WI App 145; for Rhodes: Chris L. Hartley; case activity Self-Representation – Adequacy of Waiver of Right to Counsel  The trial court undertook a valid waiver of counsel, pursuant to State v. Klessig, 211 Wis. 2d 194, 206, 564 N.W.2d 716 (1997): ¶18      We reject Rhodes’s claim.  The circuit court conducted a colloquy with Rhodes that […]

court of appeals decision (recommended for publication); for Little: Jeffrey W. Jensen; case activity Probable Cause to Arrest  ¶14      In Stewart’s case, the pertinent facts are: •           On March 10, 2009, a reliable confidential informant told Agent Gray that one of the people who had been arrested with Alderman McGee was going to be bringing cocaine to Milwaukee.  After […]

State v. Jon Paul A. Fernandez, 2010AP1394-CR, District 2, 10/12/11 court of appeals decision (1-judge, not for publication); for Fernandez: Jefren E. Olsen, SPD, Madison Appellate; case activity Concededly lawful traffic stop (operating without headlights) wasn’t unreasonably prolonged by warrant checks, arrest of passenger on warrant for unpaid forfeiture, and then search of car incident to that […]

State v. Malcolm L., 2011AP714, District 2, 10/12/11 court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise […]

Docket Decision below: Blueford v. State, 2011 Ark. 8 Question Presented (from cert. pet.): Whether, if a jury deadlocks on a lesser-included offense, the Double Jeopardy Clause bars reprosecution of a greater offense after a jury announces that it has voted against guilt on the greater offense. Cert. Petition SCOTUSblog page Blueford was tried for capital murder. […]

State v. Thomas C. Niesen, 2010AP1864-CR, District 2, 10/5/11 court of appeals decision (not recommended for publication); for Niesen: James A. Rebholz; case activity Evidence held sufficient to sustain conviction § 940.01(1), court rejecting argument that State failed to prove that Niesen inflicted the fatal knife wound. (Niesen made certain damaging admissions; he met the […]

State v. Timothy J. K., 2011AP1091, District 2, 10/5/11 court of appeals decision (1-judge, not for publication); for Timothy J.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity The trial court’s requirement of sex offender registration, § 301.45(1m)(d)(1), is upheld against an argument that the court misconstrued an expert’s recommendation of no registration. ¶9        Timothy fails […]

State v. Cindy R. Billips, 2009AP2493-CR, District 2, 10/5/11 court of appeals decision (1-judge, not for publication); for Billips: Timothy R. Muth, Amy Lynn MacArdy; case activity Following OWI arrest supported by probable cause, the officer was authorized to search the vehicle for evidence relevant to the OWI arrest: ¶9        Here, it was reasonable for Kinservik […]

State v. Anastasia S., 2011AP1423 / State v. Lemar T., 2011AP1403, District 1, 10/4/11 court of appeals decision (1-judge, not for publication); for Anastasia S.: Kevin M. Long, Brandon Gutschow; case activity; for Lemar T.: Jane S. Earle; case activity ¶18      “Grounds for termination [of parental rights] must be proven by clear and convincing evidence.”  Ann M.M. v. Rob S., […]

State v. Rodney D. Johnson, 2010AP2470-CR, District 1, 10/4/11 court of appeals decision (not recommended for publication); for Johnson: Richard L. Kaiser; case activity Acting on a drug tip, police targeted Johnson, and saw him driving a car with a cracked windshield. After Johnson got out of the car, the officers approached, and “asked” to […]