On Point

State v. Timothy M. Pence, 2010AP1944-CR , District 4, 3/24/11

court of appeals decision (1-judge, not for publication); for Pence: Jessica Jean Giesen, Charles W. Giesen; case activity

Stop of Pence’s vehicle upheld, even if Pence was violating no specific traffic law, on reasonable suspicion he was driving while intoxicated:

¶11      The totality of the circumstances in this case supports the reasonableness of Deputy Miller’s investigative stop. 

State v. Bradley A. Faber, 2010AP2325-CR , District 2, 3/23/11

court of appeals decision (1-judge, not for publication); for Faber: Susan E. Alesia, SPD, Madison Appellate; case activity

¶1        The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber.  Faber was issued a pair of citations for operating a motor vehicle while intoxicated (OWI) (First offense) by the City of Delavan in November 2005 and February 2006. 

County of Sheboygan v. John A. Taylor, 2010AP2819, District 2, 3/23/11

court of appeals decision (1-judge, not for publication); for Taylor: Kirk B. Obear, Casey J. Hoff; case activity

Weaving within lane supported reasonable suspicion for OWI stop, State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634 (“repeated weaving by a driver within a single lane does not alone give rise to the reasonable suspicion necessary for a traffic stop”),

Marathon County v. Julie H., 2010AP2157, District 3, 3/22/11

court of appeals decision (1-judge, not for publication); for Julie H.: Dennis Schertz; case activity

Evidence held sufficient to sustain grounds for termination, namely failure to abide by CHIPS conditions. She failed to provide for the child’s protection and safety, in that her live-in fiance, a registered sex offender, refused to participate in treatment; she failed to accept the diagnoses of a mental health professional and seek treatment for same;

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court of appeals decision (1-judge, not for publication); for Buchman: Walter Arthur Piel, Jr.; case activity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.