On Point

on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity Juvenile Delinquency – Waiver Investigation Hearing Issue (Composed by On Point):  Whether, on petition to waive a juvenile into adult court, the State may give ex parte input to a local agency making the waiver recommendation pursuant to the circuit court’s […]

State v. Ricky O. Halverson, 2011AP240-CR, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Halverson: Walter R. Andrew; case activity Officer, whose investigation of single-car crash led him to Halverson’s home, wasn’t properly engaged in community caretaker exercise when he took Halverson into custody, supposedly for his own good, ¶¶8-14. Community caretaker test, State […]

City of Sheboygan Falls v. John D. Prinsen, 2011AP700, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Prinsen: Kirk B. Obear, Casey J. Hoff; case activity Probable cause supported stop for driving wrong way on highway, based on information provided ion a 911 call; State v. Rutzinski, 2001 WI 22, 241 Wis. […]

State v. Stuart J. Gasper, 2010AP1973-CR, District 2, 9/14/11 court of appeals decision (not recommended for publication); for Gasper: Mark A. Schoenfeldt; case activity On a trial for hit-and-run and OWI, evidence that just before the charged events, the defendant’s car struck another car, was not “other acts” evidence within § 904.04(2) but, rather, was admissible to show […]

State v. Burt Terrell Johnson, Jr., 2010AP2654-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Johnson: Sara Heinemann Roemaat; case activity Counsel did not perform deficiently. Decision not to make opening statement was reasonable strategy, given that the defense didn’t plan to call any witnesses but instead intended “to put the State to its […]

State v. Guadalupe Jose Rivas, 2010AP2777-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Rivas: George Tauscheck; case activity ¶5        Rivas argues that four instances of inaccurate information mentioned by the trial court at his sentencing require resentencing:  (1) the trial court believed that Rivas had five prior felonies when he had only […]

Managed Health Services Insurance Corp. v. Wisconsin DHS, 2010AP2551, District 1, 9/7/11 court of appeals decision (recommended for publication ); case activity Managed Health’s appeal related to contract procurement is dismissed as moot; because of failure to seek a stay of the trial court’s order allowing the process to continue, the contracts have already been […]

Rock County HSD v. Jennifer B., 2011AP1524, District 4, 9/8/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Gina Frances Bosben; case activity Evidence of the child’s diagnoses (ADHD; PTSD) was relevant to the main issue in contention, and was not unduly prejudicial, hence was admissible in the grounds phase of the TPR […]

State v. Carl Mills, 2010AP1746-CR, District 1, 9/7/11 court of appeals decision (not recommended for publication); for Mills: Randall E. Paulson, SPD, Milwaukee Appellate; case activity Trail counsel was not ineffective for failing to object to jury instructions and verdict forms with respect to unanimity on multiple counts of sexual assault of a single victim, […]

court of appeals decision (not recommended for publication); for Linssen: Thomas C. Simon; case activity Sentence Review – Harsh & Excessive  Sentence to maximum term of confinement for felony theft and forgery wasn’t harsh and excessive, notwithstanding lack of prior criminal record. ¶23      Linssen has failed to provide clear and convincing evidence that the sentencing court […]