On Point

decision below: unpublished; prior On Point post; for Rhodes: John J. Grau Issue (from Table of Pending Cases): Whether a criminal defendant’s constitutional right to confront a witness in cross-examination was infringed, and, if so, whether the infringement was harmless error. Homicide case, tried on State’s theory Rhodes had motive to kill victim for beating Rhodes’ […]

decision below:  unpublished summary disposition; for Funk: Michele Anne Tjader Issue (from Table of Pending Cases): Whether a juror was subjectively and/or objectively biased under the test set forth in State v. Delgado, 223 Wis. 2d 270, 588 N.W.2d 1 (1999). Briefs, appellate decision, petition for review: none is posted, so you can’t readily tell […]

federal habeas decision (pdf file: here), granting relief in State v. Fischer, 2010 WI 6; respondent’s Rule 59 motion to amend judgment denied 1/7/11 Habeas Review – Right to Present Defense – Expert Opinion, Based PBT Preventing Fisher from adducing expert opinion he wasn’t driving with a prohibited alcohol content based on analysis of his PBT, […]

State v. Precious M. Ward, 2009AP2085-CR, District 1, 10/5/10 court of appeals decision (3-judge, not recommended for publication); for Ward: Lew A. Wasserman; BiC; Resp.; Reply Hearing-Impaired Juror Juror who was hearing impaired, but not completely so; who could lip read; and for whom the trial judge took precautions to make sure he could hear […]

State v. David J. Bucknell, 2010AP833-CR, District 3, 9/30/10 court of appeals decision (1-judge, not for publication); for Bucknell: Rebecca M. Coffee; BiC; Resp.; Reply A prior conviction, used to enhance a pending charge, may be collaterally attacked on the basis of denial of the 6th amendment right to counsel. Because “it is clear from […]

Village of Marathon City v. Jenny L. Nowak, 2010AP462, District 3, 9/30/10 court of appeals decision (1-judge, not for publication); Resp. Br. ¶11      The five-factor Hanson/Kramer test is used to determine the accuracy of moving radar.[4] See Washington Cnty. v. Luedtke, 135 Wis. 2d 131, 133 n.2, 399 N.W.2d 906 (1987).  “If there is compliance with the Hanson/Kramer criteria, the [radar device] […]

Jeffrey J. v. David D., 2010AP1717, District 3, 9/28/10 court of appeals decision (1-judge, not for publication); for David D.: Shelley Fite, SPD, Madison Appellate   Parent’s right to confrontation was satisfied by in-chambers discussion between judge and children during which they spoke in favor of termination, where their father killed their mother and grandparents, […]

Door County v. Andrew M. LaFond, 2010AP976, District 3, 9/28/10 court of appeals decision (1-judge, not for publication); for LaFond: Robert C. Raymond; BiC; Resp.; Reply The court rejects an argument that a driver has a due process right to be informed that a blood sample can be taken forcibly upon refusal to consent to […]

State v. Christopher Jones, 2009AP2761-CR, District 1, 9/28/10 court of appeals decision (3-judge, not recommended for publication); for Jones: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp.; Reply The court rejects a claim of an “end-run” around the plea bargain, which limited the State’s recommendation to 10 years imprisonment while leaving the “configuration” of confinement […]

Docket Decision below (KY supreme court) Question Presented (from USSC docket post): Police officers entered an apartment building in hot pursuit of a person who sold crack cocaine to an undercover informant. They heard a door slam, but were not certain which of two apartments the trafficker fled into. A strong odor of marijuana emanated […]