On Point

State v. Robert S. Powless, 2010AP1116-CR, District 3/4, 2/24/11 court of appeals decision (not recommended for publication); for Powless: Leonard D. Kachinsky; case activity At an evidentiary hearing on a “Hampton” violation (failure to assure defendant knows the judge isn’t bound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State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can’t show prejudice from the deficient performance he alleges, therefore he isn’t entitled to a Machner hearing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Winnebago County DHS v. Jenny L. G.-J., 2009AP2956, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Jenny L. G.-J.: Theresa J. Schmieder; case activity The privilege attaching to interactions under direction of a family therapist, § 905.04(1)(b),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      […]

State v. Nicholas Fex, 2010AP1794-CR, District 1, 2/23/11 court of appeals decision (1-judge, not for publication); for Fex: Wendy A. Patrickus; case activity Reasonable suspicion supported stop of only car seen leaving bar parking lot, at high rate of speed, following report of fight at the bar. ¶8        Based on the totality of the circumstances, we agree […]

City of Mequon v. Monica Maureen Cooley, 2010AP2142, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Cooley: Dudley A. Williams; case activity Reasonable suspicion supported early-morning stop of car in otherwise empty parking lot. ¶7        We agree with the circuit court that Brandemuehl conducted a lawful Terry stop.  Brandemuehl could point to specific and articulable facts[3] […]

Waukesha County v. Kathleen R. H., 2010AP2571-FT, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Kathleen R.H.: Paul G. LaZotte, SPD, Madison Appellate; case activity The evidence supported ch. 51 mental health recommitment for a period of 12 months. ¶8        Here, Kathleen misconstrues WIS. STAT. § 51.20(1)(am) as requiring proof, apart from that contained in […]

Walworth County DH&HS v. Andrea O., 2010AP2938, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Andrea O.:  Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence supported jury verdict on abandonment as to grounds for terminating parental rights, as against claim of good cause (incarceration) for conceded failure to communicate with the […]

State v. Richard L. Daniels, 2010AP1715-CR, District 3, 2/23/11 court of appeals decision (1-judge, not for publication); for Daniels: John M. Carroll; case activity Ineffective Assistance of Counsel – Voluntary Intoxication Voluntary intoxication requires that the defendant establish utter lack of capability to form the requisite intent; because Daniels’ version couldn’t make this showing, counsel’s […]

State v. Miguel E. Marinez, Jr., 2011 WI 12, reversing unpublished decision; case activity; prior post; for Marinez: Ralph J. Sczygelski Evidence – Other-Acts, § 904.04(2) – “Sullivan” Analysis ¶19  To guide courts in determining whether other-acts evidence is admissible for a proper purpose under Wis. Stat. § 904.04(2)(a), we developed a three-prong test.  Sullivan, 216 […]

Evelyn Werner v. Kenneth Hendree, 2011 WI 10, reversing 2009 WI App 103; case activity Appellate Procedure – Finality and Appealability A circuit court order rejecting state indemnification of an employee being sued was non-final and thus absorbed in the final judgment later entered as to liability and damages. ¶62  An appeal may be taken […]