On Point

State v. Rickey R. Denson, 2011 WI 70, affirming unpublished summary order; for Denson: Donna Odrzywolski; case activity ¶8   A criminal defendant’s constitutional right not to testify is a fundamental right that must be waived knowingly, voluntarily, and intelligently.  However, we conclude that circuit courts are not required to conduct an on-the-record colloquy to determine whether a defendant […]

Steven T. Kilian v. Mercedes-Benz USA, LLC, 2011 WI 65; case activity Statutory Construction – Legislative Acquiesence ¶30 n. 12: “Legislative failure to act is ordinarily weak evidence of legislative intention to acquiesce in or countenance a judicial or executive branch interpretation. . . . Under proper circumstances, however, inaction by the legislature may be […]

order denying motion for reconsideration of in: State v. Dimitri Henley, 2011 WI 67; for Henley: Keith A. Findley; case activity; additional history: 2010 WI 12 (memorandum decision, Roggensack, J.); court order (5/24/10) Henley’s motion to reconsider, though directed formally to the decision reversing grant of new trial, as a practical matter is directed to reconsideration […]

State v. Esteban M. Gonzalez, 2011 WI 63, reversing, 2010 WI App 104; for Gonzalez: Frank J. Schiro, Kristin Anne Hodorowski; case activity Gonzalez has shown a reasonable likelihood that the jury instructions relived the State of its burden to prove the element that he knowingly exhibited harmful material to a child. The facts are essentially […]

State v. David D. Funk, 2011 WI 62, reversing unpublished summary disposition; for Funk: Michele Anne Tjader; case activity Juror Bias – Assessment, Generally A claim of juror bias relies requires proof of the two-step test articulated by State v. Wyss, 124 Wis. 2d 681, 726, 370 N.W.2d 745 (1985): “(1) that the juror incorrectly or incompletely responded […]

County of Jefferson v. Karla J. Raue, 2010AP3131, District 4, 7/7/11 court of appeals decision (1-judge, not for publication); for Raue: Walter Arthur Piel, Jr.; case activity Act of bar patron (turning off car and taking key from Raue) was private, non-governmental action, therefore didn’t implicate Raue’s 4th amendment rights. State v. Butler, 2009 WI […]

State v. Randy L. TeStroette, 2011AP290-CR, District 2, 7/6/11 court of appeals decision (1-judge, not for publication); for TeStroete: Kirk B. Obear, Casey J. Hoff; case activity Report from named (therefore non-anonymous) citizen of “possible intoxicated driver,” describing the vehicle’s location, plate number and color,  supplied reasonable suspicion to stop TeStroete’s car, even though the officer himself […]

Mayor La Guardia on legal writing. Dominique Srauss-Kahn prosecution: Reminiscent of Tawana Brawley? Or of Michael Nifong? Or is it just possible that there there is no thematic connection to be made, simply because DSK got “what most defendants never get — early  Brady material”? Michael Cicchini: Bad as the job picture for newly minted lawyers might be […]

On Point is very pleased to present this Guest Post discussion of Bullcoming v. New Mexico by Daniel D. Blinka, Professor of Law, Marquette University of Virginia. (Cross-posted at Marquette.)  Professor Brandon L. Garrett, Virginia, also has a Guest Post on Bullcoming. Feel free to submit comments in the box at the end of the Post. Note […]

On Point is very pleased to present this Guest Post discussion of Bullcoming v. New Mexico by Brandon L. Garrett, Professor of Law, University of Virginia. (Cross-posted at ACS. On Point has made a minor editing change in the first sentence, to add the date of decision.) Professor Garret has previously guest-posted on DNA and habeas procedure.  Professor Daniel […]