On Point

D’Ann K. v. Benjamin J. G., 2010AP1655, District 4, 7/20/11 court of appeals decision (1-judge, not for publication); for Benjamin J.G.: Gina Frances Bosben; case activity With failure to assume parental responsibility as the ground for termination, Benjamin G. “argues that the court did not properly apply the totality of the circumstances test established in Tammy W-G. because […]

State v. Kevin J. Burch, 2011AP666-CR, District 4, 7/21/11 court of appeals decision (1-judge, not for publication); for Burch: Christopher W. Dyer; case activity Reasonable suspicion of impaired driving supported the stop: ¶4        The officer was operating a squad car in West Salem late one weekday night when, at 12:44 a.m., the officer observed a truck […]

State v. Michael D. Walters, 2010AP3156-CR, District 2, 7/20/11 court of appeals decision (1-judge, not for publication); for Walters: Thomas E. Hayes; case activity Tip provided by citizen informant’s 911 call reporting drug use in car traveling on highway was sufficiently reliable to support stop, given that the informant provided her name, phone number, description of her vehicle, her proximate location […]

State v. Cathy Ann Currie, 2011AP322-CR, District 3, 7/19/11 court of appeals decision (1-judge, not for publication); for Currie: Jon Stanek; case activity ¶7        Lear testified he stopped Currie because he observed “a very large air freshener” hanging from her rearview mirror.  The court determined that any object hanging from a rearview mirror would obstruct a driver’s […]

State v. David J. Balliette, 2011 WI 79, reversing unpublished decision; for Balliette: Steven D. Grunder, SPD, Madison Appellate; case activity Balliette’s pro se § 974.06 motion, asserting ineffective assistance of postconviction counsel for failing to raise ineffective assistance of trial counsel on direct appeal, was insufficiently pleaded to require an evidentiary hearing. Unless you’re an appellate […]

State v. Gregg B. Kandutsch, 2011 WI 78, affirming unpublished decision; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Computer-Generated Report (Electronic Monitoring Device) – Foundation Expert testimony isn’t necessary to lay a foundation for admissibility for a computer-generated EMD report: ¶28  Closing down a trial is not to be taken lightly, which is why the requirement […]

Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5   We conclude: … (2)  A circuit court does not […]

State v. Olu A. Rhodes, 2011 WI 73, reversing unpublished COA decision; for Rhodes: John J. Grau; case activity Although the State’s theory of motive was that Rhodes intentionally shot and killed the victim in retaliation for beating Rhodes’ sister the day before, the trial court reasonably precluded cross-examination of the sister on a prior instance […]

certification; for Williams: Jonas B. Bednarek; case activity; review granted, 8/31/11 Search Warrants: Court Commissioner Authority to Issue We certify this appeal to the Wisconsin Supreme Court to decide whether court commissioners have the power to issue search warrants.  Although Wis. Stat. § 757.69(1)(b)[1] appears to grant that power to court commissioners, appellant Williams argues that the legislature may not […]

Waukesha County DH&HS v. Jennifer L. H., 2010AP2990, District 2, 7/13/11 court of appeals decision (1-judge, not for publication); for Jennifer L.H.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to prove Jennifer’s failure to assume parental responsibility as TPR ground, notwithstanding that she lived with the child and helped raise him from […]