On Point

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court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity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 violation “occurs even if the vehicle only momentarily crosses the centerline,” ¶¶7-8.

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 the time of any default.

Cert petition

Scotusblog page

After Maples lost his direct appeal in (Alabama) state court,

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 the prosecutor didn’t like having social workers on the jury;

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. State v. Sandoval, Wn. S.Ct. No. 82175-5, 3/17/11; maj. op.

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 probation.

Whether a circuit court has inherent authority to reduce the length of the term of probation.

court of appeals decision (1-judge, not for publication); for Cain: John M. Carroll; case activity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 was in fact an illegal switchblade, didn’t require suppression of the knife.

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, his proceeding was for an extension of his commitment, not for an original commitment,

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 3 grounds for termination – the court discerns no basis to doubt either of the remaining 2 grounds,

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 fully and fairly tried, given failure to adduce at trial medical testimony that the deceased baby’s injuries didn’t result from shaken baby syndrome.

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 other appropriate disposition (as to which, the trial court’s multiple references to “Wales”