On Point

State v. Kevin M. Moore, 2009AP3167-CR, District 2, 12/15/10  court of appeals decision (3-judge, not recommended for publication); for Moore: Jeffrey W. Jensen; Moore BiC; State Resp.; Reply Evidence – Frequenting “Gentleman’s Club” as Source of Friction with Deceased Evidence that Moore spent much time and money at a local “gentleman’s club,” offered by the […]

court of appeals publication orders, 12/14/10 On Point posts from this list: 2010 WI App 160 Jefferson County v. Joseph S. 2010 WI App 161 State v. Raymond Allen Nickel 2010 WI App 162 State v. Scottie L. Baldwin 2010 WI App 163 State v. William Dinkins, Sr. 2010 WI App 166 State v. Richard […]

7th circuit decision, habeas review of summary order of Wisconsin court of appeals, No. 2004AP2242-CR Habeas – Procedural Bar, Sentencing Objection Pomotor’s failure to object to information (the number of beers he allegedly consumed) in his alternative presentence report, worked a procedural default to his susbequent challenge to the sentencing court’s reliance on that information Promotor accurately argues that […]

State v. Tony Lamont Jackson, 2010AP351-CR, District 1, 12/14/10 court of appeals decision (3-judge, not recommended for publication); for Jackson: Hans P. Koesser; Jackson BiC; State Resp.; Reply Miranda – Custody Initially treated at the scene of a shooting by the police as a witness rather than suspect, Jackson voluntarily accompanied the police to the […]

State v. Marquita R., 2010AP1981, District 1, 12/14/10 court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir TPR – Default as Sanction Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct, […]

State v. Jason C. Walker, 2010AP83-CR, District 3, 12/14/10 court of appeals decision; (3-judge, not recommended for publication); for Walker: William E. Schmaal, SPD, Madison Appellate; BiC; Resp.; Reply; prior opinion withdrawn 12/2/10, prior summary, here On sentencing after revocation, the trial judge relied on sexual assault allegations appearing in the revocation summary; Walker didn’t admit the allegations, but instead […]

decision below: summary order; for Denson: Donna Odrzywolski;  supreme court news release Issues (from the news release): Should the constitutional right of a criminal defendant not to testify on his behalf and remain silent at trial be recognized as a fundamental right that can only be waived personally by the defendant with an on the record […]

Darnell Jackson v. Buchler, 2010 WI 135, affirming unpublished court of appeals decision; for Jackson: Michael Halfenger, et al.; Jackson BiC; Buchler Resp.; Reply; Jackson Br. after remand; Buchler Br. after remand Certiorari Review – Prison Discipline Evidence before disciplinary committee, in the form of statements of two confidential informants, adequately established (“more likely than not”) that Jackson participated in […]

State v. Lorraine J. / Johnny J., 2010AP137, et al,District 1, 12/8/10 court of appeals decision (1-judge, not for publication); for Lorraine J.:  Melinda A. Swartz, SPD, Milwaukee Appellate; for Johnny J.: John J. Grau TPR – Right to Post-Disposition Visitation A termination order severs all parental rights, including visitation under § 48.43, ¶¶31-37. TPR – Vacated Order […]

7th circuit decision; habeas review of State v. Martin, No. 06AP2413 Habeas – Filing Deadline – SVP Martin’s habeas challenge to denial of his ch. 980 petition for discharge isn’t time-barred by the fact he could have raised the same challenge to his original commitment. Discharge typically requires a new determination of whether the SVP’s condition has […]