On Point

State v. Omar F. Ofarril-Valez, 2010AP3109-CR, District 1, 6/21/11 court of appeals decision (1-judge, not for publication); for Ofarril-Velez: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity The court marshals “nine indicia of impairment” to support its conclusion of probable cause to arrest: time (2:30 a.m.); driving 3-4 miles over posted limit; “light odor” of alcohol; […]

State v. Beverly H., 2011AP536, District 1, 6/21/11 court of appeals decision (1-judge, not for publication); for Beverly H.: Jeffrey W. Jensen; case activity The trial court didn’t err in denying the parent’s request for an adjournment of dispositional hearing, following jury verdict finding grounds to terminate. The court of appeals rejects the argument that § 48.31(7)(a) […]

State v. Rodney A. Larson, 2011 WI App 106 (recommended for publication); for Larson: Chris Gramstrup; case activity Prosecution for attempt rather than completed crime, §939.32, comes within the general limitation period in § 939.74(1). Therefore, although prosecution for homicide may be commenced at any time, § 939.74(2)(a), Larson’s prosecution for attempted first-degree intentional homicide had to be […]

on review of unpublished decision; for Felix: Leonard D. Kachinsky; case activity Warrantless Nonconsensual Entry to Effectuate Arrest – Attenuation Doctrine Issue (composed by On Point): Whether Wisconsin should adopt the rule of New York v. Harris, 495 U.S. 14 (1990) – post-arrest statements following illegal entry supported by probable cause but not exigent circumstances aren’t […]

on certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issues (composed by On Point): Whether a defendant has a non-waivable right to be physically present at a §§ 971.04(1)(g) and 885.60. If the right to physical presence at the plea proceeding can be waived or forfeited, whether a formal colloquy is nonetheless required before […]

Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11 court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity ¶7        A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases. […]

Harlan Richards v. Graham, 2011 WI App 100(recommended for publication); for Richards: Kendall W. Harrison, Jennifer L. Gregor; case activity Mootness Doctrine Challenge to Parole Commission decision to increase deferment period from 10 to 12 months, and to Program Review Committee decision to increase security status, not rendered moot by subsequent parole and program hearings. […]

Michael D. Turner v. Rogers, USSC No. 10-10, 6/20/11 Appellate Procedure – Mootness Doctrine Turner’s appeal – he challenges denial of appointed counsel in a civil contempt proceeding but has fully served the resultant 12-month sentence –  isn’t moot: The short, conclusive answer to respondents’ mootness claim, however, is that this case is not moot […]

J.D.B. v. North Carolina, USSC No. 09-11101, 6/16/11, reversing 363 N. C. 664, 686 S. E. 2d 135 This case presents the question whether the age of a child subjected to police questioning is relevant to the custody analysis of Miranda v. Arizona, 384 U. S. 436 (1966) . It is beyond dispute that children will often feel bound to submit […]

Docket Decision below: State ex rel. Smith v. Cain, 992 So. 2d 928, 2008 La. LEXIS 1772 (La., 2008), writ denied State v. Smith, 2010 La. LEXIS 2202 (La., Sept. 24, 2010) Questions Presented (from SCOTUS docket page): In this Louisiana criminal case, the state trial court, the Louisiana Fourth Circuit Court of Appeal, and the Louisiana Supreme […]