On Point

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court of appeals decision (1-judge, not for publication); for TeStroete: Kirk B. Obear, Casey J. Hoff; case activity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 observed neither erratic driving nor traffic violations.

¶11      TeStroete relies on State v.

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 nationally,

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 that issues discussed in these posts will be further refined by the recent grant of certiorari in Williams v.

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 D. Blinka, Marquette,

State v. Charles M. Ermers, Jr., 2011 WI App 113 (recommended for publication); for Ermers: Steven D. Phillips, SPD, Madison Appellate; case activity

A ch. 980 discharge hearing requires that the petitioner allege “facts from which the court or jury may conclude the person’s condition has changed since the date of his or her initial commitment order so that the person does not meet the criteria for commitment as a sexually violent person,” 

State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11

court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity

Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his admission of drinking. County of Jefferson v. Renz,

State v. Lisa K. Beckman, 2010AP2564-CR, District 2, 6/29/11

court of appeals decision (1-judge, not for publication); for Beckman: Gary Grass; case activity

¶12      Here, Schubel observed Beckman’s vehicle at 11:40 p.m. on a Sunday night in a parking lot behind one closed business before it proceeded to the parking lot of another closed business.  There were no lights on at either location.  Schubel considered this activity in light of his knowledge that there had been reports of burglaries of small businesses in the area. 

State v. John D. Tiggs, Jr., 2010AP1530, District 2, 6/29/11

court of appeals decision (1-judge, not for publication); pro se; case activity

Tiggs knew that DNA test results would be released in mere hours, yet chose to enter his no-contest plea. His postconviction motion to withdraw the plea, based on a theory that the test results amount to newly discovered evidence, fails to satisfy the requirements that the evidence was discovered after conviction and that the defendant wasn’t negligent in seeking the evidence. 

State v. Charles Lamar, 2011 WI 50, affirming 2009 WI App 133; for Lamar: Donna L. Hintze, SPD, Madison Appellate; case activity

Sentence Credit, Previously Imposed Sentence, § 973.04

Two concurrent sentences were initially imposed following guilty pleas to aggravated battery and misdemeanor bail jumping, both as repeater. The Agg Batt plea was withdrawn on postconviction motion, but the bail jumping wasn’t challenged.

court of appeals publication orders, 6/29/11

On Point posts from this list:

2011 WI App 78 State v. Marilee Devries

2011 WI App 79 State v. Andre D. Hansbrough

2011 WI App 80 State v. Yancy D. Freland

2011 WI App 81 State v. Eliseo Peralta

2011 WI App 86 State v.