On Point

Docket Decision below: New Hampshire Supreme Court, No. 2009-0590, 11/18/2010 (summary order); Perry’s brief below; New Hampshire’s brief below Question Presented: When a witness in a criminal case identifies a suspect out-of-court, under suggestive circumstances which give rise to a substantial likelihood of later misidentification, due process requires the trial judge to determine whether the out-ofcourt identification and […]

7th circuit court of appeals decision Counsel, of Own Choosing By arbitrarily refusing to grant Sellers a continuance so he could retain counsel of his own choosing, the district court violated his 6th amendment right to counsel, a structural error requiring reversal without considering possible prejudice. The facts are a bit extreme – Sellers thought he was […]

Susan Foley-Ciccantelli v. Bishop’s Grove Condominium Association, Inc., 2011 WI 36, on certification; case activity Standing – Generally Lead opinion (3-Justice): ¶5   There is no single longstanding or uniform test to determine standing in the case law.  Courts have inconsistently used a variety of terminologies as tests for standing.  Therefore, as a prerequisite to answering […]

On Point is very pleased to publish this guest post, by Professor Michael M. O’Hear, on Brown v. Plata. Mr. O’Hear is Professor of Law and Associate Dean for Research at Marquette University Law School. He is also editor of the Federal Sentencing Reporter and author of the Life Sentences Blog. You can access his papers on the Social Science Research […]

State v. Scott Maher, 2010AP460, District 4, 5/26/11 court of appeals decision (not recommended for publication); for Maher: Donald T. Lang, SPD, Madison Appellate; case activity Testimony from a State’s expert witness describing the ch. 980 screening process was irrelevant. ¶11      We addressed the issue of the admissibility of this same type of evidence in State v. […]

State v. Roshawn Smith, 2010AP1192-CR, District 3, 5/26/11, aff’d and rev’d, 2012 WI 91 court of appeals decision (not recommended for publication), aff’d in part, rev’d in part, 2012 WI 91; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity Evidence held sufficient to support guilty verdict, § 961.41(1m)(h)5., ptac: after agreeing to accept packages […]

City of Sun Prairie v. Michael H. Smith, 2010AP2607, District 4, 5/26/11 court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity ¶9        Wisconsin Stat. § 343.305(5)(a) imposes the following obligations on law enforcement: “(1) to provide a primary test at no charge to the suspect; (2) to use reasonable diligence in offering and […]

court of appeals publication orders, 5/26/11 On Point posts from this list: 2011 WI App 61 State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt 2011 WI App 63 State v. Darron D. Jackson 2011 WI App 64 State v. Michael D. Below 2011 WI App 66 State v. Herbert O. Richard 2011 […]

State v. Yancy D. Freland, 2011 WI App 80 (recommended for publication); for Freland: Michael D. Zell; case activity Conviction for an out-of-state sex offense comparable to a misdemeanor in Wisconsin will be treated as a misdemeanor for sex offender registration purposes, § 301.45(6). ¶12      Wisconsin Stat. § 301.45(1d)(am)1. specifically defines has been “[f]ound to have committed a […]

Rock Tenn Company v. Labor and Industry Review Commission, 2011 WI App 93 (recommended for publication); case activity A worker’s compensation provision authorizing payment “for any future treatment” enacted after a work-related injury was incurred is remedial in nature and therefore can “be retroactively applied to award prospective treatment expenses.” ¶13      We reject Rock Tenn’s argument and […]