On Point

Tammy W-G. v. Jacob T., 2011 WI 30, on certification; for Jacob T.: Eileen A. Hirsch, SPD, Madison Appellate; case activity TPR – Grounds, § 48.415(6) – “Substantial Parental Relationship” ¶22  The language of Wis. Stat. § 48.415(6), specifically the underscored language, indicates that under § 48.415(6), a fact-finder must look to the totality-of-the-circumstances to determine if a parent […]

certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity, circuit court affirmed 2012 WI 93 Plea Procedure – Personal Presence We certify this appeal to the Wisconsin Supreme Court to determine whether Jon Soto’s statutory right to be physically present during a plea hearing was violated when the judge conducted the hearing through video teleconferencing […]

State v. Deshon C. Matthews, 2011 WI App 92 (recommended for publication); for Matthews: Paul G. Bonneson; case activity Terry Stop – Reasonable Suspicion Reasonable suspicion supported stop of Matthews, when police on patrol saw him wearing a ski mask and hoodie late at night in a high-crime area near a woman who was walking away […]

State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity OWI – Repeater – Proof, Prior “Conviction” Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d). ¶9        When Wisconsin’s driving laws provide for the enhancement of penalties for a current […]

State v. Isaac Hughes, Sr., 2011 WI App 87 (recommended for publication); for Hughes: Benbow P. Cheesman, Jr.; case activity Conviction for escape, § 946.42(3), may be sustained even if the jury never actually saw the judgment of conviction that landed the defendant in custody. ¶12      We agree with the trial court that, when considered […]

State v. Donovan M. Burris, 2011 WI 32, reversing unpublished decision; for Burris: Byron C. Lichstein; case activity Utter Disregard for Life – After-the-Fact Conduct ¶7   We conclude that, in an utter disregard analysis, a defendant’s conduct is not, as a matter of law, assigned more or less weight whether the conduct occurred before, during, or […]

Kentucky v. Hollis Deshaun King, USSC No. 09-1272, 5/16/11, reversing, King v. Commonwealth, 302 S.W.3d 649 (2010) The exigent circumstances exception to the warrant requirement (here, imminent destruction of evidence) isn’t circumscribed by whether the exigency was “police-created.” It is well established that “exigent circumstances,” including the need to prevent the destruction of evidence, permit […]

Columbia County v. Fred A. Ederer, 2010AP2369, District 4, 5/12/11 court of appeals decision (1-judge, not for publication); for Ederer: John Smerlinski; case activity Ederer’s no contest plea waived his right to appeal suppression issue in this OWI-1st (therefore, civil) case. His reliance on County of Ozaukee v. Quelle, 198 Wis. 2d 269, 275-76, 542 N.W.2d 196 […]

State v. Michael S. Hoseman, 2011 WI App 88 (recommended for publication); for Hoseman: Timothy M. Johnson; case activity Hoseman is liable in restitution for damages to a rented house caused by his marijuana manufacturing operation. Restitution requires that there be a “direct victim” of the crime and a causal connection between the defendant’s conduct and […]

State v. Jeffrey D. Walli, 2011 WI App 86 (recommended for publication); for Walli: Chad A. Lanning; case activity Trial court factual findings made from a combination of live testimony and video evidence are reviewed deferentially, under the “clearly erroneous” standard of review; the court rejects de novo review of the video recording. Here, it […]