On Point

on review of published decision; for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt:  Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt)

SVP – Pre-Commitment Return to DOC Custody 

Issues (Composed by On Point):

1. Whether the State may bring a Wis. Stat. ch. 980 commitment petition to judgment when the respondent is in the exclusive custody of the Department of Corrections,

on review of published decision; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity

Mental Commitment – Alzheimer’s

Issue (Composed by On Point):

Whether Alzheimer’s is a qualifying mental condition so as to support commitment under ch. 51.

See prior post, here, for further discussion.

on review of court of appeals certification request; for Williams:  Jonas B. Bednarek; case activity

Search Warrants – Issuance by Commissioner

Issue (Composed by On Point):

Whether § 757.69(1)(b) confers on court commissioner authority to issue search warrants, or whether Wis. Const. art. VII, § 2 reserves such power to judges.

See prior post, here, for further discussion.

State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12

Fleeing, § 346.04(3) – Elements 

¶4        ….  In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language of § 346.04(3) into segments:  (1) No operator of a vehicle,

State v. Devon L. Bean, 2011 WI App 129 (recommended for publication); for Bean: Scott D. Obernberger; case activity

Sew-up Confession 

The fourth interrogation of Bean within a 60-hour period following his arrest did not, under the particular facts, amount to an impermissible “sew-up” confession.

General principles. The question, in brief, is whether the time between arrest and formal charge was “inordinate.”

State v. William M. Hart, 2011AP582, District 1, 8/30/11

court of appeals decision (1-judge, not for publication); for Hart: Craig S. Powell; case activity

Although a (DOT-prepared) blood alcohol chart is admissible without expert testimony, State v. Hinz, 121 Wis. 2d 282, 284–85, 360 N.W.2d 56 (Ct. App. 1984), nonethless, “the proponent must lay the proper foundation for the evidence, and the burden does not shift to the opponent unless the proponent does so,” 

court of appeals publication orders, 8/30/11

On Point posts from this list:

2011 WI App 116 State v. Andrew C. Holder

2011 WI App 118 State v. Dimitrius Anagnos

State v. Troy A. Keys, 2011AP550-CR, District 3, 8/30/11

court of appeals decision (1-judge, not for publication); for Keys: Donna L. Hintze, SPD, Madison Appellate; case activity

Evidence held insufficient to support scienter element of illegal possession of prescription drug,  § 450.11(7)(h). A pill container, container 2 Citalopram pills, were found on Keys’ coffee table The court rejects the State’s argument that the jury reasonably could have inferred Keys’

State v. Thomas J. Haiduk, 2011AP551-CR, District 3, 8/30/11

court of appeals decision (1-judge, not for publication); for Haiduk: Gary S. Cirilli; case activity

In determining restitution for home improvement-related theft, the trial court failed to resolve whether the underlying contract was fixed-price or time-and-materials, therefore remand is necessary.

¶22      The court’s value-based $100,517.96 offset, and corresponding $35,877.33 restitution award, only includes an offset for the costof Haiduk’s materials,

State v. Cedrick M., 2010AP3011, District 1, 8/30/11

court of appeals decision (1-judge, not for publication); for Cedrick M.: John J. Grau; case activity

Directed verdict as to grounds for termination held permissible, citing Door Cnty. DHFS v. Scott S., 230 Wis. 2d 460, 602 N.W.2d 167 (Ct. App. 1999), ¶¶10-11. The trial court was empowered to exercise this authority sua sponte,