On Point

7th circuit court of appeals decision

Prison Mail – Access to Courts

As a matter of the due process right to a fair hearing in a civil matter, which includes the right to aid of counsel, a prison inmate is entitled to receive confidential communications from his lawyer. However, the prison is entitled, as a matter of security, to assure itself that such purported communications are indeed from a lawyer authorized to practice in the relevant jurisdiction.

court of appeals decision (1-judge, not for publication); for Grenie: John C. Orth; Steven J. House; BiC; Resp.; Reply

Traffic Stop – Blue Lights

Traffic stop for having blue lights lit on front of vehicle, upheld. (§ 347.07(2)(a) bars display of “(a)ny color of light other than white or amber visible from directly in front.”)

¶6        Grenie essentially asks this court to credit testimony by his two witnesses suggesting that the blue lights were “never” operational over the officer’s testimony that he saw the lights lit when Grenie’s Jeep passed him.

Dane Co. DHS v. Tierra M., 2010AP1648, District 4, 9/23/10

court of appeals decision (1-judge, not for publication); for Tierra M.: Martha K. Askins, SPD, Madison Appellate

The court rejects the idea that Tierra M.’s termination of parental rights wasn’t “fully tried” under the theory that the subsequently decided Sheboygan County Department of Health & Human Services v. Tanya M.B., 2010 WI 55 requires departmental services relevant to implied as well as explicitly ordered conditions for the children’s return.

Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10

court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate

County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court may reach merits if the issue is sufficiently important or likely repetitious but evasive of review —

State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10

court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp.

A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, ¶10. In this instance, probation officer Navis, acting on reliable information that Boykin was using and selling cocaine,

State v. James Stoner, III, 2009AP2963, District 2, 9/22/10

court of appeals decision (1-judge, not for publication); for Stoner: Joshua Davis Uller; BiC; Resp.; Reply

“Reopen-and-amend” plea bargains, “referring to those plea bargains where the State and defendant agree that a judgment of conviction, once announced, will be amended by the State upon the happening of some future event. 

decision below: 2010 WI App 42; for Beauchamp: Martin E. Kohler, Craig S. Powell

Issues (from Table of Pending Cases):

Does the confrontation clause bar admission of testimonial dying declarations against a defendant in light of Crawford v. Washington, 541 U.S. 36 and State v. Manuel, 2005 WI 75, 281 Wis. 2d 554, 697 N.W.2d 811?

Does a defendant’s right to due process of law restrict the substantive use of prior inconsistent statements?

decision below: unpublished; for Brenda B.: Leonard D. Kachinsky; prior post, here.

Issue (from Table of Pending Cases):

Did the trial court correctly exercise its discretion in denying a parent’s motion to withdraw a no contest plea that grounds existed for termination of parental rights without an evidentiary hearing?

decision below: 2009 WI App 64; for Ninham: Frank M. Tuerkheimer; Bryan Stevenson; Rebecca Kiley

Issues (from Table of Pending Cases):

Whether Roper v. Simmons, 543 U.S. 551 (2005) and Graham v. Florida, 130 S.Ct. 2011 (2010) are applicable to revise the sentence of a defendant whose crime(s) were committed as a juvenile.

Whether the sentence constitutes cruel and unusual punishment under state and federal constitutions.

State v. Joseph Donald Peacock, 2010AP954-CR, District 3, 9/21/10

court of appeals decision (1-judge, not for publication); for Peacock: James R. Phelan; BiC; Resp.; Reply

Because the officer knew from previous contacts, including one a mere 6 days prior, that Peacock’s driver’s license was suspended, he had reasonable suspicion to stop Peacock’s vehicle even though there were multiple occupants and the officer couldn’t see the driver.