On Point

State v. James G. Brereton, 2011 WI App 127 (recommended for publication); for Brereton: Matthew S. Pinix; case activity After lawfully stopping Brereton, the police removed him from his car, towed it to a lot and then, after obtaining a warrant, attached a GPS tracking device. Ensuing monitoring led to information connecting Brereton to a […]

State v. James R. Dobie, 2011AP399-CR, District 3, 8/9/11 court of appeals decision (1-judge, not for publication); for Dobie: Curt Fisher; case activity Evidence held sufficient to sustain DC guilty verdict, based on Dobie biting his girlfriend’s (Ronek) arm. Although Ronek testified and denied that Dobie bit her, observations of officers responding to a disturbance call supplied […]

seventh circuit decision Cruel and Unusual Punishment – Prison Inmates, Denial of Treatment for Gender Identity Disorder Section 302.386(5m) (2010), which categorically bars hormonal therapy or sexual reassignment surgery to prison inmates, violates the 8th amendment. “Prison officials violate the Eighth Amendment’s proscription against cruel and unusual punishment when they display ‘deliberate indifference to serious medical needs of prisoners.’ […]

“A courtroom is a dynamic thing that changes with the mood of the participants, the types of cases on the calendar, the weather outside, the witnesses who appear, and what the drive to the courthouse was like.” Not to be confused with “It’s Alive,” the post does contain decent advice, rhetorical excess notwithstanding. “Then again, sometimes […]

seventh circuit court of appeals decision Habeas – Certificate of Appealability  Under § 2253(c)(2) of Title 28, “[a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.” The Supreme Court has observed that an applicant has made a “substantial showing” where “reasonable […]

Kimberly A. v. Charles B., 2011AP129, District 3, 8/4/11 court of appeals decision (1-judge, not for publication); for Charles B.: Leonard D. Kachinsky; case activity Counsel’s strategic decision not to voir dire jurors about what they may have heard during a heated sidebar discussion, and instead to request a limiting instruction to disregard anything they […]

State v. Francine T., 2010AP3140 / State v. Emilano M., 2010AP2596, District 1, 8/3/11 court of appeals decision (1-judge, not for publication); for Francine T.: Theresa J. Schmieder; for Emilano M.: Brian C. Findley; case activity ¶17      Francine and Emiliano argue that the trial court lacked competence [5] to enter the June 2, 2010 TPR order because it did […]

State v. Richard K. Numrich, 2010AP1544-CR, District 2, 8/3/11 court of appeals decision (1-judge, not for publication); for Numrich: Chad A. Lanning; case activity Instances of prosecutorial misconduct (objecting in the jury’s presence to a line of questioning that implied the existence of inadmissible evidence; stating in closing argument that it is defense counsel’s “job […]

State v. Kenneth A. Hudson, 2010AP166-CR, District 3, 8/2/11  court of appeals decision (not recommended for publication); for Hudson: James A. Rebholz; case activity By rejecting and failing to cooperate with appointed counsel, after being warned of the consequence, Hudson forfeited his right to representation at trial. ¶27      In accordance with Cummings, Hudson was repeatedly warned by […]

State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11 court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to […]