On Point

State v. Cham Okery Omot, 2010AP899, District III court of appeals decision (3-judge, not recommended for publication); for Omot: Tyler William Wickman; case activity; Omot BiC; State Resp.; Reply Evidence held insufficient to sustain convictions for maintaining drug trafficking place, § 961.42(1), and possession with intent to distribute THC , § 961.41(1m)(h)1., both as party to a crime, § 939.05. The […]

State v. John M. Eaton, 2010AP1170-CR, District 4, 12/23/10 court of appeals decision (1-judge, not for publication); for Eaton: Chad A. Lanning; case activity; Eaton BiC; State Resp.; Reply Traffic stop upheld where: “vehicle weave(d) in a pronounced manner within tis own lane of traffic”; vehicle came to complete stop at yellow blinking light (something […]

State v. Bradley A. Brandsma, 2010AP1429-CR , District 4, 12/23/10 court of appeals decision (1-judge, not for publication); for Brandsma: Anthony J. Jurek; case activity; Brandsma BiC; State Resp.; Reply Trial courts have “very broad discretion” under § 972.12 to allow a deliberating jury to separate overnight before returning to resume deliberations; court of appeals rejects […]

State v. Kathleen A. Ultsch, 2011 WI App 17(recommended for publication); for Ultsch: Shelley Fite, SPD, Madison Appellate; case activity; Ultsch BiC; State Resp.; Reply Warrantless entry into a home, supposedly to check on the well-being of a suspected drunk driver just involved in an accident, wasn’t justified under the community caretaker doctrine; State v. Pinkard, 2010 […]

State v. Charles A. Bouc, 2010AP180, District 2, 12/22/10 court of appeals decision (3-judge, not recommended for publication); for Bouc: Adam Walsh; case activity; Bouc BiC; State Resp.; Reply Effective Assistance – Plea Advice Counsel did not fall short of normative performance standards, where he weighed with his client the pros and cons of admissibility of […]

Dustardy H. v. Bethany H., 2011 WI App 2; case activity ¶1        This case emphasizes once again the importance of finality in our justice system.  In 2004, the circuit court erroneously granted Dustardy H. parental rights to Christian R. H., a child conceived via artificial insemination by Dustardy’s same-sex partner, Bethany H.[1] Four […]

Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10 court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which […]

State v. Miguel A. Ayala, 2011 WI App 6; for Ayala: Martin E. Kohler, Craig S. Powell; case activity; Ayala BiC; State Resp.; Reply Search & Seizure – Consent to Enter Based on trial court findings on disputed facts, the resident of an apartment gave the police consent to enter a bedroom and look for […]

Office of Lawyer Regulation v. Nikola P. Kostich, 2010 WI 136 Counsel publicly reprimanded for “a clear conflict of interest,” SCR 20:1.9(a): sexual assault victim had consulted counsel about suing his assailant, and counsel later represented assailant in criminal case involving number of victims including the one who had consulted him. The matters were “the […]

State v. George C. Greenwood, 2010AP1837-CR, District 4, 12/16/10 court of appeals decision (1-judge, not for publication); for Greenwood: Gerald C. Opgenorth; case activity; Greenwood BiC; State Resp.; Reply Traffic stop properly based on violation of illuminaiton requirement in § 347.13(3) (rear plate must be illuminated by white light so as to be clearly legible […]