On Point

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court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity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 providing a second alternate test of its choice at no charge to the suspect;

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 WI App 68 Adam Martine v.

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 sex offense by another jurisdiction” to include a person who has been convicted “for a violation of a law of another state that is comparable to a sex offense.”[7] Taken as a whole,

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 conclude that LIRC reasonably held that Wis.

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 court.  State v. Huebner, 2000 WI 59,

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court of appeals decision (1-judge, not for publication); for Matel: Andrew Mishlove; case activity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 § 345.11(5). State ex rel. Prentice v. Milwaukee Cnty.,

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 did”) didn’t satisfy the test for newly discovered evidence. Keith’s confession to the police “was so detailed”

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 submit comments to this post, in the box below.

As Dean Kearney pointed out in an interesting speech he gave to the Western District of Wisconsin bar association,

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 should you be interested? For one thing, as On Point readership surveys have demonstrated time and again over the years,

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 14 when he committed the crime) upheld,