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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Forfeiture of Issue, Generally
Kevin S. Dalka v. American Family Mutual Ins. Co., 2010AP1428, District 2, 5/24/11 court of appeals decision (recommended for publication); case activity ¶5 Dalka forfeited his right to appellate review of the order compelling him to accept the settlement offer. … It is a fundamental principle of appellate review that issues must be preserved in the circuit […]
OWI-1st (Civil) – Service of Citation by Mail
County of Milwaukee v. James R. Matel, 2010AP1950, District 1, 5/24/11 court of appeals decision (1-judge, not for publication); for Matel: Andrew Mishlove; case activity Personal jurisdiction may be conferred on an OWI-1st defendant by mailing the uniform traffic citation, coupled with filing of the citation with the trial court. Personal service isn’t required by […]
Newly Discovered Evidence; In Camera Inspection, Psychological Treatment Records; Evidence – Restriction on Expert Testimony
State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter (such as, “Why does mama have to go to jail for what my daddy […]
Guest Post: Forbush and the Riddle of a Fragmented Court
On Point is very pleased to publish this guest post by Attorney Michael B. Brennan, currently practicing with Gass Weber Mullins LLC, and formerly a Milwaukee County Circuit Court judge. Mr. Brennan offers his thoughts on the fractured decision of the supreme court in State v. Forbush, 2011 WI 25. On Point invites readers to […]
Prison Litigation Reform Act – Prison Overcrowding Oversight
Brown v. Plata, USSC No. 09-1233, 5/23/11 Remedial injunction, issued by a federal court pursuant to the PLRA, ordering California to reduce its prison population on account of deficiencies in medical care caused by overcrowding, upheld. Lengthy, 5-4 opinion (91 pp. pdf file) on something (“conditions of confinement”) outside the boundaries of SPD representation: why […]
Sentencing – Life without Parole for Juveniles / Harsh and Excessive Review / New Factor / Improper Factor – Religious Views
State v. Omer Ninham, 2011 WI 33, affirming, 2009 WI App 64; for Ninham: Frank M. Tuerkheimer, Bryan Stevenson; amici: Byron C. Lichstein, Robert R. Henak, G. Michael Halfenger, et al.; case activity Sentencing – Life without Parole for Juveniles – Cruel and Unusual Punishment Sentence of life without parole imposed on juvenile (Ninham was […]
OWI – Informing the Accused
Columbia County v. Mark Devos, 2010AP2349, District 4, 5/19/11 court of appeals decision (1-judge, not for publication); for Devos: Rex Anderegg; case activity The DOT Informing the Accused form that was read to Devos contained language beyond that specified in § 343.305(4): “In addition, under 2003 Wisconsin Act 97, your operating privileges will also be suspended if […]
Warrantless Entry – Hot Pursuit
State v. Jenny L. Nowak, 2010AP1499-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity Warrantless entry into Nowak’s garage was justified under hot pursuit doctrine, given “probable cause to believe Nowak committed a jailable offense—specifically, resisting by failure to stop,” § 346.17(2t) (punishable by 9 months imprisonment), ¶15. […]
Judicial Competence to Proceed; OWI – Refusal Hearing, Time Limit
Village of Menomonee Falls v. Jesse Schaefer, 2010AP2485, District 2, 5/18/11 court of appeals decision (1-judge, not for publication); for Schaefer: James A. Gramling, Jr.; case activity ¶4 As a threshold matter, we address the Village’s contention that the municipal court lacked competency to proceed on Schaefer’s Wis. Stat. § 806.07 motion to reopen. Whether a court […]
Disorderly Conduct
State v. William J. Zarda, 2011AP386-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Zarda: Ricky Cveykus; case activity Under settled authority, the disorderly conduct statute, § 947.01, is neither overbroad (¶5, citing State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725); nor vague (¶6, citing State v. Zwicker, 41 […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.