On Point

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 […]

State v. Joseph R. Jones, 2010AP2326-CR, District 4, 3/24/11 court of appeals decision (1-judge, not for publication); for Jones: Rebecca J. Vahle; case activity Reasonable suspicion to believe Jones had committed a (domestic violence-related) crime supported investigative stop. ¶10      Deputy Miller, who was dispatched to aid Curley, observed a woman standing alone on a deserted […]

State v. Timothy M. Pence, 2010AP1944-CR , District 4, 3/24/11 court of appeals decision (1-judge, not for publication); for Pence: Jessica Jean Giesen, Charles W. Giesen; case activity Stop of Pence’s vehicle upheld, even if Pence was violating no specific traffic law, on reasonable suspicion he was driving while intoxicated: ¶11      The totality of the […]

State v. Bradley A. Faber, 2010AP2325-CR , District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Faber: Susan E. Alesia, SPD, Madison Appellate; case activity ¶1        The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber.  Faber was issued a pair of […]

County of Sheboygan v. John A. Taylor, 2010AP2819, District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Taylor: Kirk B. Obear, Casey J. Hoff; case activity Weaving within lane supported reasonable suspicion for OWI stop, State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634 (“repeated weaving by a […]

Marathon County v. Julie H., 2010AP2157, District 3, 3/22/11 court of appeals decision (1-judge, not for publication); for Julie H.: Dennis Schertz; case activity Evidence held sufficient to sustain grounds for termination, namely failure to abide by CHIPS conditions. She failed to provide for the child’s protection and safety, in that her live-in fiance, a […]

Village of Hortonville v. George A. Buchman, 2010AP2836, District 3, 3/22/11 court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity Observation of Buchman’s vehicle “operating left of center (line)” established probable cause of a violation of § 346.05 (“shall drive on the right side of the roadway”). This […]

Docket Decision below (11th Cir No. 07-15187, 10/26/09) Question Presented (by Scotusblog): Whether the Eleventh Circuit properly held that there was no “cause” to excuse any procedural default where petitioner was blameless for the default, the state’s own conduct contributed to the default, and petitioner’s attorneys of record were no longer functioning as his agents at […]