On Point

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court of appeals decision (1-judge, not for publication); for Matel: Andrew Mishlove; case activity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court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity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,

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court of appeals decision (1-judge, not for publication); for Devos: Rex Anderegg; case activity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 a detectable amount of a restricted controlled substance is in your blood.” (This information must be provided to an accused pursuant to § 343.305(8).) Devos argues that DOT thereby effectively amended § 343.305(4) without legislative authorization,

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. (Citing, State v. Richter,

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 has lost competence to proceed presents a question of law that we review de novo.  

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,

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 has assumed parental responsibility.