On Point

district court decision, granting habeas relief on review of unpublished Wis COA opinion (2000AP-2460-CR); on remand from Toliver v. McCaughtry, 539 F.3d 766 (7th Cir.2008)  for Toliver: Brian P. Mullins; Toliver BiC; Wis. Resp.; Reply Habeas – Ineffective Assistance – Deficient Performance Counsel performed deficiently in failing to call two potential witnesses who would have […]

Rock County v. Donald G., 2010AP2444, District 4, 2/17/11 court of appeals decision (1-judge, not for publication); for Donald G.: Steven D. Grunder, SPD, Madson Appellate; case activity Concededly proper placement at Mendota under concurrent chs. 51 (mental health commitment) and 55 (protective placement) needn’t account for future termination should ch. 51 commitment later be […]

court of appeals publication orders, 2/16/11 On Point posts from this list: 2011 WI App 21 State v. Basil E. Ryan, Jr. 2011 WI App 22 State v. Terry L. Kletzien, Jr. 2011 WI App 25 State v. Demetrius M. Boyd 2011 WI App 26 Heather B. v. Jennifer B.

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State v. Kenneth R. Parrish, 2010AP809, District 1, 2/15/11 court of appeals decision (3-judge, not recommended for publication); for Parrish: Ellen Henak, SPD, Milwaukee Appellate; case activity; Parrish BiC; State Resp.; Reply SVP – Petition for Discharge – Request for Independent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State v. Abigail W., 2010AP2792, District 1, 2/10/11 court of appeals decision (1-judge, not for publication); for Abigail W.: Jeffrey W. Jensen; case activity TPR – Condition of Return CHIPS condition that parent “show that you can care for and supervise your child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 […]