On Point

State v. Mark A. Miller, 2010AP352-CR, District 4, 12/9/10  court of appeals decision (1-judge, not for publication); for Miller: Bill Ginsberg; Miller BiC; State Resp. The court concludes that Miller voluntarily consented to police entreaties over an 11-minute period to enter his home so that they could perform field sobriety testing, notwithstanding his refusals during that […]

Dane Co. DHS v. Susan P. S, 2010AP573, District 4, 12/9/10 court of appeals decision (1-judge, not for publication); pro se Determination of the “best interests of the child” at TPR disposition includes consideration of various factors, including the “wishes of the child.” The TPR court need not hear directly from the child, but may […]

State v. Marlon M. Anderson, 2010AP742-CR, District 1/4, 12/9/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Angela Conrad Kachelski; Anderson BiC; State Resp. A defendant’s statement made voluntarily but in violation of Miranda isn’t admissible in the State’s case-in-chief, but is admissible if the defendant testifies and the statement is inconsistent with […]

State v. Brian R. Rogers, 2010AP1300-CR, District 4, 12/9/10 court of appeals decision (1-judge, not for publication); pro se; State’s Resp. Br. Even assuming Rogers violated no traffic law, his driving pattern provided reasonable suspicion for a stop: ¶10      Here too, the totality of the circumstances provided Lambrecht with reasonable suspicion to initiate a traffic stop.  Lambrecht […]

State v. Mark Allan Campbell, 2011 WI App 18; for Campbell: Steven D. Phillips, SPD, Madison Appellate; Campbell BiC;State Resp.; Reply (Issue of plea bargain breach discussed in separate post, here.) On sentencing Campbell for sexual assault of his daughter, the trial court had, and properly exercised, authority under § 973.049(2) to bar Campbell’s contact with his […]

State v. Mark Allan Campbell, 2011 WI App 18; for Campbell: Steven D. Phillips, SPD, Madison Appellate; Campbell BiC; State Resp.; Reply (Sentencing issue in the case discussed separately, here.) Plea Bargain – Breach The plea agreement required the prosecutor to recommend a 20-year sentence, comprised of 5-7 years’ confinement and the balance on extended supervision, […]

State v. Kenneth E., 2010AP1520, District 1, 12/7/10 court of appeals decision (1-judge, not for publication); for Kenneth E.: Mary D. Scholle, SPD, Milwaukee Appellate (The Court’s Case Access site has posted Kenneth E.’s principal and reply briefs. This is atypical; the court’s normal practice is not to post briefs, because of the confidentiality that […]

State v. LaDonna E., 2010AP1733, District 1, 12/7/10 court of appeals decision (1-judge, not for publication); for LaDonna E.: Jane S. Earle Termination of parental rights upheld. Mother (LaDonna E.), after defaulting on grounds phase, challenged termination on basis that child’s aunt, who had custody and wanted to adopt child, should be appointed guardian instead. ¶9        The circuit […]

circuit court decision (Judge Richard Sankovitz); for Henderson: Paul A. Ksicinski, SPD, Milwaukee Trial Illegal Voting, § 12.13(1)(a) – Voting Rights Acts Henderson is charged with illegal voting because he allegedly voted notwithstanding his status as a felon still under supervision (which would made him ineligible to vote). He raises as a defense the Voting Rights Act […]

seventh circuit decision; denying rehearing and amending panel decision, Coleman v. Hardy (per curiam , 2/7/11) Habeas – Defaulted Claim – Assertion of Innocence Although Coleman defaulted his ineffective assistance of counsel claim by failing to raise it in state court, his allegation of actual innocence supports a “gateway” evidentiary hearing to determine whether to reach the […]