On Point

Fond du Lac County v. Helen E. F., 2011 WI App 72(recommended for publication), affirmed 2012 WI 50; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Alzheimer’s disease is not a qualifying mental condition for purposes of ch. 51 commitment, therefore Helen E.F. is not a proper subject for treatment as a […]

State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11 court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off. ¶13      Specifically, […]

State v. Ralph H. Davis, 2011 WI App 74 (recommended for publication); for Davis: Chandra N. Harvey, SPD, Madison Appellate; case activity Warrantless Entry – Curtilage – Implied Invitation Doctrine ¶9      The protections of the Fourth Amendment extend beyond the walls of the home to the “curtilage.” Oliver v. United States, 466 U.S. 170, 180 […]

State v. George McGee, 2010AP3040-CR, District 3, 4/26/11 court of appeals decision (1-judge, not for publication); for McGee: Steven G. Richards; case activity McGee’s collateral attack on a prior OWI conviction used to enhance his present sentence is necessarily limited to denial of the constitutional right to counsel, ¶5. Although McGee represented himself in the challenged prior, […]

Brown County v. Quinn M., 2010AP3162, District 3, 4/26/11 court of appeals decision (1-judge, not for publication); for Quinn M.: Chandra N. Harvey, SPD, Madison Appellate; case activity Evidence held sufficient to support extension of ch. 51 commitment upheld. 1. Mental illness. Expert testified that she was certain Quinn had a mental illness, though given […]

Adam Martine v. Quentin J. Williams, 2011 WI App 68 (recommended for publication); case activity ¶13      Prior to last year, this court applied a general rule regarding court of appeals’ cases reversed by the supreme court that “holdings not specifically reversed on appeal retain precedential value.”  Blum v. 1st Auto & Cas. Ins. Co., 2010 WI 78, […]

court of appeals publication orders, 4/20/11 On Point posts from this list: 2011 WI App 52 State v. Winston B. Eison 2011 WI App 53 State v. James M. Drown

Docket Decision below (9th Cir, unpublished) Question Presented: For more than 25 years, the Board of Immigration Appeals (BIA) held that a legal permanent resident (LPR) who is deportable due to a criminal conviction could seek a discretionary waiver of removal under Section 212(c) of the Immigration and Nationality Act, 8 U.S.C. §1182(c), provided that […]

Albert Price v. Thurmer, 7th Cir No. 09-3851, 4/18/11 7th circuit court of appeals decision, on remand after prior appeal, 514 F.3d 729, denying relief on review of unpublished decision of Wis COA Habeas – IAC – NGI Defense Trial counsel seemingly mishandled the court-appointed NGI expert, in failing to cure the latter’s apparent misapprehension that he […]

State v. Christian R. Colon, 2010AP839-CR, District 1, 4/19/11 court of appeals decision (not recommended for publication); for Colon: Amelia L. Bizzaro; case activity Colon’s refusal to testify against codefendant Rivera constituted a substantial and material breach of his plea bargain, such that the State was freed from restrictions on its allocution, ¶¶9-16. The sheriff placed […]