On Point

State v. Joseph F. Brown, 2010AP832-CR, District 4, 10/14/10 court of appeals decision (1-judge, not for publication); for Brown: Adam Walsh; BiC; Resp. It violates § 347.12(1)(a) to flash high-beam headlights within 500 feet of an oncoming vehicle if the latter’s high-beams are not themselves lit. Because Brown flashed his high-beams within 500 feet of […]

State v. John M. Anthony, 2009AP2171-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br. Motion to withdraw Plea, Pre-Sentence Based on trial court findings that Anthony decision to plead no contest was based on his attorney’s informed assessment that he was likely to be found guilty if he […]

State v. Morris L. Harris, 2009AP2833-CR,  District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no […]

State v. Dennis Butler, 2010AP864-CR, District 2, 10/13/10  court of appeals decision (1-judge, not for publication); for Butler: Kathleen A. Lindgren; BiC; Resp. Frisk upheld, where initial contact came within community caretaker function, and Butler then gave cause to believe he was armed and dangerous. ¶13      We hold that Pergande properly exercised his community caretaker function during […]

State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10 Clark County circuit court decision; for Schultz: William Poss, SPD Trial, Black River Falls The complaint in this matter alleges that on June 10, 2010, the defendant was carrying a concealed weapon, a knife in the waistband of his pants which was covered by […]

State v. Salvador Cruz, 2010AP911-CR, District 2, 10/13/10 court of appeals decision (1-judge, not for publication); for Cruz: Matthew S. Pinix; BiC; Resp.; Reply Evidence of the effect of the defendant’s (alleged disorderly) conduct was relevant, without a showing of “proximity” to that conduct: ¶13      A.S. instructs that “[i]n addition to considering the potential effects of a defendant’s […]

Consolidated cases: Camreta Docket Decision Below (9th Cir) Question Presented (from SCOTUSblog): Whether the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually […]

Docket Decision Below (New Mexico supreme court) Question Presented: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements. Cert. Petition State’s Brief Opposing Cert SCOTUSblog […]

Nathan Y. v. Tarik T., 2010AP992, District IV, 10/7/10 court of appeals decision (1-judge, not for publication); for Tarik T.: Philip J. Brehm The court rejects the argument that under Steven V. v. Kelley H., 2004 WI 47, ¶36, summary judgment is inappropriate when the ground alleged is abandonment. ¶7        …  First, Steven V. explained that […]

Grant Co. DSS v. Stacy K. S., 2010AP1678, District IV, 10/7/10 court of appeals decision (1-judge, not for publication); for Stacy K.: Donna L. Hintze, SPD, Madison Appellate The circuit court may take the parent’s admission telephonically at the grounds phase of a TPR; neither § 48.422(7)(a) nor § 807.13 requires physical presence. ¶16      Addressing first the requirements […]