On Point

State v. Deandre A. Buchanan, 2011 WI 49, affirming unpublished CIA decision; for Buchanan: Tyler William Wickman; case activity

Frisk – Auto

Frisk of Buchanan, following routine traffic stop for speeding, was supported by reasonable belief that he was armed and dangerous.

¶3   We hold that under the totality of the circumstances in this case, the trooper’s observation of Buchanan’s furtive movements and visible nervousness,

Docket

Decision below: People v. Williams, 238 Ill. 2d 125 (Ill. S. Ct. No. 107550)

Question Presented (by the Court):

Whether a state rule of evidence allowing an expert witness to testify about the results of DNA testing performed by non-testifying analysts, where the defendant has no opportunity to confront the actual analysts, violates the Confrontation Clause.

Hmm. Didn’t the Court just get done resolving this issue?

State v. James Thomas Morton, 2010AP2041-CR, District 1, 6/28/11

court of appeals decision (not recommended for publication); for Morton: Carl W. Chessir; case activity

Evidence that Morton told an undercover officer to put her money on the kitchen table, and that “what you came for is right here,” supported conviction for delivery of the controlled substance the officer found on the table.

¶13      “[A] constructive transfer need not be hand to hand.  

State v. Felton O. Shands, 2010AP2407-CR, District 1, 6/28/11

court of appeals decision (1-judge, not for publication); for Shands: Randall E. Paulson; case activity

High-crime area (what else?) + hand-rolled cigarette “furtively” (what else?) thrown down by occupant of parked car on police approach + bit of embellishment = reasonable suspicion the occupant is armed and dangerous (what else?).

¶23      We conclude, based upon the totality of the circuit court’s findings of fact,

court of appeals decision (1-judge, not for publication); for Thompson: Gregg H. Novack; case activity

Traffic Stop – Ordering Driver Out of Car

¶6        Thompson contends that the circuit court erred in concluding that the officer did not violate Thompson’s Fourth Amendment rights by ordering Thompson to get out of his car following the traffic stop.  This is how Thompson puts it in his brief:  “Mr. Thompson specifically argues that the Milwaukee Police Department had no legal right to order him from his vehicle.”  It is settled,

Brown County v. Kevin Q., 2011AP208, District 3, 6/28/11

court of appeals decision (1-judge, not for publication); for Kevin Q.: Andrew Hinkel, SPD, Madison Appellate; case activity

¶10      We conclude the evidence sufficiently shows there is a substantial likelihood Kevin would be a proper subject for commitment if treatment were withdrawn.  Kevin acknowledged he has overdosed on medication at least three times.  Slightam testified that without the commitment he was unsure “if [Kevin] would comply with all the medications.”  He also opined Kevin’s medication administration needs to be supervised. 

Florence County Dept. of Human Services v. Edward S., Jr., 2011AP385, District 3, 6/28/11

court of appeals decision (1-judge, not for publication); for Edward S.: Leonard D. Kachinsky; case activity

Counsel’s stipulation without the parent’s on-record assent to the first element of TPR grounds (child placed outside home at least 6 months under CHIPS order) didn’t deprive parent of his right to jury trial. Walworth County DHHS v.

Docket

Lower court decision: Clair v. Ayers, 9th Cir. Nos. 05-99005, 08-75135, 11/17/10

Question Presented:

At the end of ten years of capital federal habeas corpus proceedings in the district court, respondent suddenly complained about and sought replacement of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that “it appears Petitioner’s counsel is doing a proper job”

Docket

Decision below: United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), reh’g denied sub nom. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010)

Questions Presented:

1. [from Petition:] Whether the warrantless use of a tracking device on petitioner’s vehicle to monitor its movements on public streets violated the Fourth Amendment.

Docket

Decision below: Millender v. County of Los Angeles, 620 F. 3d 1016 (9th Cir 2010). reversing panel decision, 564 F.3d 1143

Questions Presented (from Petition):

This Court has held that police officers who procure and execute warrants later determined invalid are entitled to qualified immunity, and evidence obtained should not be suppressed, so long as the warrant is not “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” United States v.