On Point

court of appeals decision (1-judge, not for publication); for Cain: John M. Carroll; case activity Search & Seizure – “Contraband” (Illegal Switchblade), Delayed Determination Where the detention of Cain and seizure of his knife were concededly proper, the fact that the officer forgot to return the knife when he released Cain, and didn’t determine until later that it […]

Rock County v. Henry J. V., 2010AP3044-FT, District 4, 3/17/11 court of appeals decision (1-judge, not for publication); for Henry J.V.: Steven D. Grunder, Madison Appellate; case activity Evidence held sufficient to sustain extension of mental health commitment, as against argument respondent wasn’t shown to be dangerous if treatment were withdrawn. ¶6        As Henry acknowledges, […]

Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the […]

State v. Quentin J. Louis, 2009AP2502-CR, District 3, 3/15/11 court of appeals decision (not recommended for publication); for Louis: Edward J. Hunt; amicus, Wis. Innocence Project: Keith A. Findley, Peter Shawn Moreno; case activity Trial court grant of new trial in interest of justice upheld as proper exercise of discretion:  the issue in controversy wasn’t […]

State v. Emanuel M., 2010AP2175, District 1, 3/15/11 court of appeals decision (1-judge, not for publication); for Emanuel M.: Devon M. Lee, SPD, Madison Appellate; case activity The trial court made the requisite findings for SJOP disposition, § 938.34(4h): the juvenile was at least 14 years old; the adjudication offense(s) qualified under the statute; correctional placement was the only […]

State v. Loren C. Purintun, 2010AP2493-CR, District 3, 3/15/11  court of appeals decision (1-judge, not for publication); for Purintun: Dan Chapman; case activity ¶9        Here, the totality of the circumstances provided Hodek with reasonable suspicion to stop Purintun.  Hodek was dispatched to a semi-rural area to investigate a report of either a shooting or a car […]

State v. Eric James Hendrickson, 2010AP1181, District 3/4, 3/10/11 court of appeals decision (not recommended for publication); for Hendrickson: Jefren E. Olsen, SPD, Madison Appellate; case activity Under State v. Laxton, 2002 WI 82, 254 Wis. 2d 185, 647 N.W.2d 784, proof of a mental disorder implicitly proves requisite risk of sexually violent recidivism (“serious […]

Waupaca County v. Heather M. Krueger, 2010AP1290, District 4, 3/10/11 court of appeals decision (1-judge, not for publication); for Krueger: John M. Carroll; case activity Citizen’s detention of driver (for suspected drunk driving) until police arrived to effectuate probable cause-based arrest can’t support suppression of evidence because no state action was involved. ¶5        Krueger seeks suppression of […]

Dodge Co. HSHD v. James R., 2010AP3092, District 4, 3/10/11 court of appeals decision (1-judge, not for publication); case activity; for James R.: Steven Zaleski Evidence that the father sought admitted to show the County’s motive for filing the petition – “that the County’s real motivation for filing was not because the County believed he […]

7th circuit court of appeals decision Batson Challenge Scope of the remand inquiry for the government to proffer nonracial justification for striking a minority juror is limited to the original reason offered during voir dire, new post hoc justifications being inadmissible. Miller-El v. Dretke, 545 U.S. 231 (2005), discussed and followed: … Accordingly, Miller-El II […]