On Point

State v. Kelly J. McCredie, 2010AP1179-CR, District 2, 3/2/11 court of appeals decision (not recommended for publication); for McCredie: William E. Schmaal, SPD, Madison Appellate; case activity For purposes of 3rd-degree sexual assault, § 940.225(3), the actor cannot obtain consent by deceiving the victim as to his true identity. McCredie misled the victim into thinking […]

FCC v. AT&T, USSC No. 09-1279, 3/1/11 The “personal privacy” exemption in the federal Freedom of Information Act doesn’t apply to corporations, though they are considered “persons” under the Act. … Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun “crab” refers variously […]

court of appeals decision (1-judge, not for publication); for Eric A.:  pro se; case activity Expungement – Delinquency Adjudication, § 938.355(4m)(a) Denial of petition for expungement of repeated sexual assault of child adjudication is affirmed. ¶8        Here, the court determined that the offense was too serious, and it would be against public policy, to permit […]

State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Preservation of Issue – Motion in Limine Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to […]

Michigan v. Bryant, USSC No. 09-150 At respondent Richard Bryant’s trial, the court admitted statements that the victim, Anthony Covington, made to police officers who discovered him mortally wounded in a gas station parking lot. … We hold that the circumstances of the interaction between Covington and the police objectively indicate that the “primary purpose of […]

Walker v. Charles W. Martin, USSC No. 09-996, 2/23/11 State court time limit for seeking postconviction relief needn’t be “fixed,” but instead may be discretionary in nature, for purposes of the habeas default rule. In a recent decision, Beard v. Kindler, 558 U. S. ___ (2009), this Court clarified that a state procedural bar may […]

State v. Derek J. Copeland, 2011 WI App 28; for Copeland: David Leeper; case activity Trial court has discretion under § 906.15(3) to order an attorney not to discuss with a sequestered witness who hasn’t yet testified the testimony of other witnesses; this authority extends to barring counsel from providing the sequestered witness with a […]

State v. Robert S. Powless, 2010AP1116-CR, District 3/4, 2/24/11 court of appeals decision (not recommended for publication); for Powless: Leonard D. Kachinsky; case activity At an evidentiary hearing on a “Hampton” violation (failure to assure defendant knows the judge isn’t bound by the plea agreement), the State satisfied its burden of proving that Powless in […]

State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing on ineffective assistance of counsel. ¶21      A postconviction hearing is necessary to sustain a claim of […]

Winnebago County DHS v. Jenny L. G.-J., 2009AP2956, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Jenny L. G.-J.: Theresa J. Schmieder; case activity The privilege attaching to interactions under direction of a family therapist, § 905.04(1)(b), doesn’t apply to information obtained by “dispositional staff” providing services under § 48.069. ¶11      […]