On Point

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court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity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, as the trial court indicated, the time of day is an important factor in determining whether a law enforcement officer had a reasonable suspicion. 

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 (1984). “[C]urtilage is the area to which extends the intimate activity associated with the sanctity of a [person]’s home and the privacies of life,

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court of appeals decision (1-judge, not for publication); for McGee: Steven G. Richards; case activity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, he failed to show that his waiver of counsel was invalid.

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court of appeals decision (1-judge, not for publication); for Quinn M.: Chandra N. Harvey, SPD, Madison Appellate; case activity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 his history of drug and alcohol use she could not provide a specific diagnosis with certainty.

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, ¶44, 326 Wis. 2d 729, 786 N.W.2d 78 (citation omitted).  

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 the conviction also would have constituted a waivable basis for exclusion.

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 couldn’t rely on eyewitness reports of Price’s behavior absent determination of their credibility by the trial judge.

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 Colon in a cell with Rivera the night before Colon was to testify, 

State v. Gabriel S., 2010AP2876, District 1, 4/19/11

court of appeals decision (1-judge, not for publication); for Gabriel S.: Jane S. Earle; case activity

Decision to terminate parental rights upheld as proper exercise of discretion, against argument (as to grounds) that Gabriel S. wasn’t to blame for abuse that caused child to be removed from home under CHIPS order; and (as to disposition) that in its best-interests analysis,