On Point

Oneida County v. Michael B., 2010AP002216-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); for Michael B.: Lora B. Cerone.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, […]

City of Shawano v. Darlene F. Sense, 2010AP2193-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); case activity; Memo Br.; Memo Resp.; Memo Reply ¶10      As a final matter, we address certain deficiencies in Sense’s appellate brief.  First, Sense’s repeated references to “appellant” and “respondent” throughout her brief violate WIS. STAT. RULE 809.19(1)(i), which requires reference […]

on petition for review of published decision; for Hanson: Robert R. Henak, Chad A. Lanning; case activity Issues (provided by court): Whether a driver of a vehicle can be convicted of attempting to elude a law enforcement officer under Wis. Stat. § 346.04(3) while on a cell phone with a 911 intake dispatcher and driving to a police […]

Brown County Dept. of Human Services v. Brenda B., 2011 WI 6, affirming unpublished decision; for Brenda B.: Leonard D. Kachinsky; case activity ¶3   Given that a finding of parental unfitness does not necessarily result in an involuntary termination of parental rights, we determine that the circuit court was not obligated to inform Brenda that […]

district court decision, denying respondent’s motion to amend judgment granting habeas relief (post on original grant, here). Habeas – State’s Waiver The State’s failure to raise certain arguments, prior to grant of 2254 relief, waived its right to press those points on a Rule 59 motion to amend the judgment granting relief. The respondent in […]

Koch v. Neumann, 2010AP1531, District 3, 2/1/11 court of appeals decision (1-judge, not for publication); case activity; BiC; Resp.; Reply The contemnor argues that a remedial sanction (30 days’ jail, stayed for 1 year conditioned on no further violations of prior judgment) imposed by the trial court was unsupported because the contemptuous conduct had already […]

County of Sheboygan v. William M. Lane, 2010AP1756, District 2, 2/2/11 court of appeals decision (1-judge, not for publication); for Lane: George Limbeck; case activity; State BiC; Lane Resp. ¶6        As a threshold matter, the County addresses the proper test for assessing the validity of the traffic stop.  The County contends that the appropriate standard is […]

Portage Co. HHS v. Jesus S., 2010AP2698, District 4, 2/3/11 court of appeals decision (1-judge, not for publication); for Jesus S.: Theresa J. Schmieder; case activity For a no-contest plea to a TPR petition to be knowing and voluntary, the parent must be notified of the direct consequences of his or her plea, including an […]

State v. Robert L. Stokes, 2009AP919-CR, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Stokes: John M. Bolger; case activity; Stokes BiC; State Resp.; Reply Given trial court credibility findings, the resident’s consent to the police to enter and search was voluntary. ¶19      Finally, we are not convinced by Robert’s argument […]

State v. Darrell Lemont Otis, 2010AP589, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Otis: Bryan C. Lichstein; case activity; Otis BiC; State Resp.; Reply Repeated Sexual Assault – Sufficiency of Evidence Repeated sexual assault, § 948.025(1)(b), requires proof of 3 elements: 3 or more sexual assaults; within a specified period of […]