On Point

court of appeals decision (3-judge, not recommended for publication); for Johnson: Philip J. Brehm; BiC; Resp.; Reply

Restitution – Psychiatric Care – Sexual Assault

Johnson, 17, had sex with 14-year-old W.M.K., resulting in conviction for 3rd degree sexual assault. Restitution ($10k), awarded for W.M.K.’s 10-month residence at Thayer Learning Center, (described as “a boot camp, behavior modification experience”) satisfied “substantial factor”

Dane Co. DHS v. Samuel W., 2009AP2606 , District 4, 10/14/10

court of appeals decision (1-judge, not for publication); for Samuel W.: Eileen A. Hirsch, SPD, Madison Appellate

Under Sheboygan County DHHS v. Tanya M.B., 2010 WI 55, although a CHIPS dispositional order must set forth the “specific services” to be provided, it may do so implicitly. Applying that holding here, the court of appeals concludes that the conditions for return in the CHIPS order were not so “generic”

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court of appeals decision (1-judge, not for publication); for Brown: Adam Walsh; BiC; Resp.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 an officer’s oncoming vehicle and, according to the trial court’s findings,

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court of appeals decision (3-judge, not recommended for publication); pro se; Resp.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 went to trial, the court of appeals rejects his claim that he was coerced into pleading by counsel’s lack of preparation and holds instead that he failed to establish a “fair and just”

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court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply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 reasonable jury could have acquitted him of the greater offense,

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 his entire encounter with Butler.  

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 his shirt. The State alleges this is contrary to section 941.23, Wis. Stats.

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 conduct in disorderly conduct cases … prior cases also indicate that the actual effects of a defendant’s conduct are probative.”  Id.

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 abused.

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 page

Follow-up to Melendez-Diaz v.