On Point

Gordon Sussman v. Jenkins, 7th Cir No. 09-3940, 4/1/11 7th circuit decision, granting habeas relief in State v. Sussman, 2007AP687-CR; in chambers opinion on stay Habeas – Confrontation – Rape Shield and Prior False Allegation The state court unreasonably restricted Sussman’s cross-examination of his chief accuser, and thus violated his right to confrontation, by precluding […]

State v. Thomas J. Hoffman, 2010AP1327-CR, District 2, 3/30/11 court of appeals decision (1-judge, not for publication); for Hoffman: Kathleen A. Lindgren; case activity Hoffman’s challenge to the length of his sentence became moot once he had fully served it. ¶6     At the outset, the State contends that Hoffman’s appeal is moot; he has served […]

court of appeals publication orders, 3/30/11 On Point posts from this list: 2011 WI App 28 State v. Derek J. Copeland 2011 WI App 30 State v. Rory A. Kuenzi 2011 WI App 31 Shirley Anderson v. Northwood School District 2011 WI App 34 State v. Jason L. Miller 2011 WI App 43 State v. […]

State v. Robby D. Kuenzi, 2011 WI App 30; for Rory Kuenzi: Thomas W. Johnson; for Robby Kuenzi: Jefren E. Olsen, SPD, Madison Appellate; case activity Animal Cruelty, § 951.02 Cruel mistreatment of non-captive wild animals – in this case, deer intentionally rammed by snowmobiles, concededly cruel acts – may be prosecuted under § 951.02, whether […]

State v. Christopher Donnell Jones, 2010AP164-CR, District 1, 3/29/11 court of appeals decision (not recommended for publication); for Jones: Melinda A. Swartz, SPD, Milwaukee Appellate; case activity Counsel’s failure to impeach police officers with their reports, which omitted certain details they testified to, wasn’t prejudicial. Therefore, the postconviction court properly denied relief without holding a […]

State v. James M. Drown, 2011 WI App 53; for Drown: Shelley Fite, SPD, Madison Appellate; case activity As a matter of law, equitable estoppel doesn’t bar prosecution of a crime. After pleading guilty to Shawano County charges related to an abduction and assault, Drown was charged in Oconto based on the same incident. The […]

Yesterday, the DOJ moved to withdraw its petition for leave to appeal the TRO entered by the Dane County Circuit Court last week.  The DOJ argues that the appeal is moot because Act 10 became effective the day after its publication by the Legislative Reference Bureau on March 25th.  The court of appeals swiftly denied […]

Posting will be unavoidably light to non-existent this week. Most likely the court of appeals will issue publication orders during that time. If you need up-to-date publication information, check here. For new releases, check here for the court of appeals, and here for the supreme court. Scotusblog and LII are excellent sources for United States Supreme Court releases. […]

7th circuit decision Habeas Review – Inadmissible Evidence – Harmless Error Error in jury exposure, during deliberations, to inadmissible police report deemed harmless where the report contained merely cumulative information, the trial court gave a curative instruction, and the evidence against Brown was overwhelming. The standard on direct appeal for measuring reversible error is the […]

certification request; case activity Budget Repair Bill TRO This case presents several significant issues involving justiciability and the remedies that are available under Wisconsin’s Open Meetings Law, Wis. Stat. § 19.81 et seq.  As we will explain below, we believe that resolution of these questions will require clarification of the interaction between the Open Meetings Law […]