On Point

Felkner v. Steven Frank Jackson, USSC No. 10-797, 3/31/11 On habeas review under 28 U.S.C. § 2254, the court of appeals failed to give sufficient deference to the state court determination that the prosecutor had race-neutral reasons for striking 2 of 3 black prospective jurors. The prosecutor struck one juror because she had an MSW, and […]

You spent all week studying Bracketology only to find your picks blown up by a school you never heard of (admit it, you wouldn’t have known  Morehead State from the Morehead Planetarium). You’re finished before you barely got started. You can wallow in self-pity or you can dive into Mr. Badger’s linkfest. Your call. Deportation advice. […]

court of appeals decision; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity Issues (formulated by On Point): Whether authority granted a circuit court by § 973.09(3)(a) to “extend probation for a stated period or modify the terms and conditions thereof,” includes the power to reduce the length of the term of […]

court of appeals decision (1-judge, not for publication); for Cain: John M. Carroll; case activity Search & Seizure – “Contraband” (Illegal Switchblade), Delayed Determination Where the detention of Cain and seizure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Rock County v. Henry J. V., 2010AP3044-FT, District 4, 3/17/11 court of appeals decision (1-judge, not for publication); for Henry J.V.: Steven D. Grunder, Madison Appellate; case activity Evidence held sufficient to sustain extension of mental health commitment, as against argument respondent wasn’t shown to be dangerous if treatment were withdrawn.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Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a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State v. Quentin J. Louis, 2009AP2502-CR, District 3, 3/15/11 court of appeals decision (not recommended for publication); for Louis: Edward J. Hunt; amicus, Wis.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 […]