On Point

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court of appeals decision (3-judge, not recommended for publication); for Parrish: Ellen Henak, SPD, Milwaukee Appellate; case activity; Parrish BiC; State Resp.; Reply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 on appeal that the trial court “prematurely dismissed his petition for discharge (§ 980.09) without first appointing an examiner,

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 over time,

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court of appeals decision (1-judge, not for publication); for Abigail W.: Jeffrey W. Jensen; case activity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 narrowly tailored to meet compelling State interest in protecting child’s safety,

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 RULE 809.23(3), which prohibits citing unpublished appellate cases decided before July 1, 2009.  However, Northwood then emphasizes we affirmed the circuit court, provides citation to the 2005 unpublished appellate court decision,

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 judge’s failure to remove that juror.

See prior post for further discussion.

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 agents.

See prior post for further discussion.

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 proceeded to testify that she believed the complainant “100 percent.”

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 to physical property.  

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, therefore, the law requires that the requirement of a recent act,

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 to the parties by name,