On Point

Donna J. Murr v. St. Croix County Board of Adjustment, 2008AP2728, District 3, 2/15/11 court of appeals decision (recommended for publication); case activity ¶18 n. 11: The Board’s response brief repeatedly refers to Murr as plaintiff.  We remind counsel that references should be to names, not party designations.  See Wis. Stat. Rule 809.19(1)(i). Surpassingly minor […]

State v. Kenneth R. Parrish, 2010AP809, District 1, 2/15/11 court of appeals decision (3-judge, not recommended for publication); for Parrish: Ellen Henak, SPD, Milwaukee Appellate; case activity; Parrish BiC; State Resp.; Reply SVP – Petition for Discharge – Request for Independent Examiner Parrish’s failure to unequivocally request appointment of an independent examiner dooms his argument […]

State v. Janet A. Conner, 2011 WI 8, affirming 2009 WI App 143; for Conner: Stephen E. Mays; case activity; Conner BiC; State Resp.; Reply Stalking, § 940.32 – Notice of Charge, “Course of Conduct” Stalking requires proof of, among other elements, a “course of conduct” which “means a series of 2 or more acts carried out […]

State v. Abigail W., 2010AP2792, District 1, 2/10/11 court of appeals decision (1-judge, not for publication); for Abigail W.: Jeffrey W. Jensen; case activity TPR – Condition of Return CHIPS condition that parent “show that you can care for and supervise your child properly and that you understand [her] special needs” wasn’t an impossible condition but, rather, was […]

Shirley Anderson v. Northwood School District, 2011 WI App 31; case activity ¶7 n. 3: Northwood cites a circuit court decision from another case as persuasive authority, correctly noting that such a citation does not violate WIS. STAT. RULE 809.23(3), which prohibits citing unpublished appellate cases decided before July 1, 2009.  However, Northwood then emphasizes we affirmed the […]

court of appeals decision; for Sellhausen: Byron C. Lichstein; case activity Issues (formulated by On Point): Whether a trial judge has a sua sponte duty to strike a prosepctive juror who is an in-law of the judge. Whether defense counsel’s use of a peremptory strike to remove the judge’s in-law renders harmless any error in the […]

on certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity Issue (formulated by On Point): Whether a statement made to law enforcement following a probationer’s honest accounting to his probation agent may derive from a “legitimate source wholly independent of compelled testimony” and therefore admissible in a criminal case, notwithstanding the promise of immunity for such statements when made to probation […]

decision below: unpublished; case activity Issues (formulated by On Point): Whether Domke was denied effective assistance of counsel by trial counsel’s: failure to object to inadmissible hearsay in the form of a social worker’s testimony reciting the complainant’s recitation of the alleged sexual assaults; producing, without first interviewing her, the complainant’s mother as a defense witness who […]

court of appeals decision (1-judge, not for publication); for Anderson: Susan E. Alesia, SPD, Madison Appellate; case activity; Anderson BiC; State Resp.; Reply Guilty Plea – Criminal Damage to Property – Factual Basis ¶6        To be found guilty of criminal damage to property, the State must prove beyond a reasonable doubt that: 1. The defendant caused damage […]

Oneida County v. Michael B., 2010AP002216-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); for Michael B.: Lora B. Cerone. SPD, Madison Appellate; case activity Mental Recommitment – Instruction on Dangerousness The following oral jury instruction didn’t impermissibly direct the jury to find dangerousness, on trial for mental recommitment: “This is a recommitment proceeding, […]