On Point

Kenosha County v. Jodi A. Braune, 2010AP834, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); for Braune: Theodore B. Kmiec, III; case activity ¶7        We hold that under the plain language of Wis. Stat. § 346.13(3), Braune’s deviation over the fog line was sufficient to establish probable cause that Braune committed a traffic […]

Richardson v. Henderson, 2010AP1765, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); case activity ¶7, n.4: Our supreme court has held that “when the supreme court overrules a court of appeals decision, the court of appeals decision no longer possesses any precedential value, unless this court expressly states otherwise.”  Blum v. 1st […]

court of appeals decision (1-judge, not for publication); case activity Briefing – Argumentation ¶10      We reverse the judgment and remand for further proceedings consistent with this opinion.[3]  We are also disturbed by the tendentious tone of both parties’ briefs and remind counsel that respect for the courts and counsel requires civility.  See Wis. SCR 62.02; […]

State v. Lawrence Williams, 2010AP1028, District 1, 3/8/11 court of appeals decision (not recommended for publication); pro se; case activity; prior history: 220 Wis.2d 458, 583 N.W.2d 845 (Ct.App. 1998) Williams fails to provide a “sufficient reason” to overcome the serial litigation bar on his § 974.06 motion following direct appeal. He posits ineffective assistance of postconviction […]

State v. Kerry J. Collins, 2010AP788-CR, District 1, 3/8/11 court of appeals decision (1-judge, not for publication); for Collins: Gary Grass; case activity Evidence held sufficient to sustain conviction under § 941.10, court rejecting Collins’ argument that State failed to prove he was the person who set off flare in City Hall bathroom. Whatever weaknesses and discrepancies […]

Henry W. Skinner v. Switzer, USSC No. 09-9000, 3/7/11 A convicted state prisoner may utilize 42 U.S.C. § 1983 to seek DNA testing of crime-scene evidence. When may a state prisoner, complaining of unconstitutional state action, pursue a civil rights claim under §1983, and when is habeas corpus the prisoner’s sole remedy? … We summarized […]

Wall v. Kahlil Kholi, USSC No. 09-868, 3/7/11 Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), “a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim” tolls the 1-year limitation period for filing a federal habeas petition. 28 U. S. C. §2244(d)(2). The question in […]

State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise […]

State v. Jeremy D. Pinnow, Milwaukee Co. Circ. Ct. No. 2010CM1978, 2/11/11 circuit court decision; case activity Carrying concealed weapon charge dismissed, under as-applied (state) constitutional challenge, Art. I § 25. Pinnow had a cased, unloaded gun underneath the seat of his car, had himself been the recent victim of an armed robbery, believed with reason […]

Pepper v. U.S., USSC No. 09-6822, 3/2/11 In light of the federal sentencing framework described above, we think it clear that when a defendant’s sentence has been set aside on appeal and his case remanded for resentencing, a district court may consider evidence of a defendant’s rehabilitation since his prior sentencing and that such evidence […]