On Point

State v. Gary R. Sampson, 2010AP1930-CR, District 3, 2/1/11

court of appeals decision (1-judge, not for publication); for Sampson: Donna L. Hintze, SPD, Madison Appellate; case activity; Sampson BiC; State Resp.; Reply

Sampson was guilty of theft for keeping a down payment to make improvements to a business without finishing the work. However, he is liable for restitution,

court of appeals publication orders, 1/31/11

On Point posts from this list:

2011 WI App 2 Dustardy H. v. Bethany H.

2011 WI App 3 State v. Mark D. Jensen

2011 WI App 6 State v. Miguel A. Ayala

2011 WI App 15 State v. Tracy Smiter

2011 WI App 17 State v.

Join Mr. Badger in Welcoming Daubert to the Badger State

2011 Wis Act 2 (Senate Bill 1, Special Session Jan. 2011) brings Wisconsin into line with FRE 702 (“Daubert” rule). The Act was signed into law 1/27, but won’t take effect until published (which will be no later than 2/10). A potential sea change in expert witness admissibility is in the offing; see, e.g., State v.

State v. Joshua J. Hysell, 2010AP1817-CR, District 4, 1/27/11

court of appeals decision (1-judge, not for publication); for Hysell: John Smerlinski; case activity; Hysell BiC; State Resp.

Phoned tip by driver who gave his name and described the subject vehicle as “all over the road” held sufficiently reliable to support reasonable suspicion for stop.

Because the informant gave his name,

State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11

court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp.

Ineffective Assistance Claim – Necessity of Motion

Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19.

Entrapment – Child Sex Crime with Computer

Challenge to sufficiency of evidence to negate entrapment defense rejected,

State ex rel. Christopher L. Shelton v. Smith, 2010AP719, District 2, 1/26/11 

court of appeals decision (not recommended for publication); case activity; State Resp.

Shelton was sentenced on two pre-TIS counts: an active (indeterminate) prison sentence on one count and a consecutive term of probation on the other. He served out the first sentence, with the prison indisputably holding him 143 days past his release date.

State v. Ashley M. Toliver, 2010AP484-CR, District 2, 1/26/11

court of appeals decision (3-judge, not recommended for publication); for Toliver: Elizabeth Ewald-Herrick; case activity

Community caretaker doctrine supported, in the first instance, search of seemingly lost purse found in common area of apartment building; and, in the second, entry of apartment after co-inhabitant requested officer to lock it up, as he was being transported for medical care.

State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply

Request for New Counsel

An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant requests change of counsel,

Honorable Mark J. McGinnis v. Mario Jimenez, 2010AP2208, District 3, 1/25/11

court of appeals decision (1-judge, not for publication); for Jiminez: Shelley Fite, SPD, Madison Appellate; case activity; Jiminez BiC; State Resp.; Reply

The circuit court lacks authority to sanction a 17-year-old for failure to comply with conditions imposed for violating a local truancy ordinance.

¶4        Wisconsin Stat.

State v. Troy J., 2010AP670, District 1, 1/25/11

court of appeals decision (1-judge, not for publication); for Troy J.: Randall E. Paulson, SPD, Milwaukee Appellate; case activity

The judge presiding over disposition-phase of a TPR wasn’t required to disqualify himself where his daughter was employed to work in the guardian ad litem office of the local agency providing GAL work under contract, given that she had no involvement in that particular case.