On Point

City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs The trial court didn’t erroneously exercise discretion in qualifying as an expert, the supervisor of forensic toxicology at the Wisconsin  State Laboratory of Hygiene on the matter […]

County of Washington v. Michael D. Brazee, 2010AP687, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Brazee: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Probable cause to arrest found notwithstanding absence of PBT, given erratic driving, admission of drinking 8-10 beers, and failed field sobriety test performance: ¶17    Brazee seems to be asserting that under Renz […]

7th circuit decision Habeas – Limits on Cros-Examination State court limitation on impeachment of a witness — so as to exclude that portion of a pre-trial conversation containing the defendant’s “self-serving,” thus inadmissible hearsay, statement — wasn’t an unreasonable application of controlling caselaw. Determination of whether “state interests, including those reflected in the state’s evidentiary […]

7th Circuit decision; on habeas review of Wis. opinion No. 2005AP2599-CR Habeas – Filing Deadline – Tolling The District Court had authority to grant Socha’s pre-filing, pre-deadline request to extend the 28 U.S.C. § 2244(d) deadline for his habeas petition, made on the ground of equitable tolling. … First, there is no absolute bar imposed […]

State v. Christopher Melendrez, 2009AP2070, District 4, 9/2/10 court of appeals decision (3-judge, not recommended for publication); for Melendrez: David R. Karpe; BiC; Resp.; Reply SVP – Retroactivity of Qualifying Offense Legislation Third-degree sexual assault wasn’t an SVP-qualifying offense when Melendrez plea-bargained a reduction of 2nd-degree sexual assault to 3rd. But by the time he […]

State v. Jennette L. Ellifritz, 2010AP713-CR, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Ellifritz: Gary Grass; BiC; Resp.; Reply Obstructing – Unanimity – Course of Conduct Because Ellifritz’s actions occurred during a single course of action, over a short (40-second) period of time, instructional failure to require agreement as to […]

State v. Charles G. Jury, 2010AP622-CR, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Jury: Eric R. Pangburn; BiC; Resp. Reasonable suspicion supported stop of vehicle for any or all of the following reasons: dim tail light; necklace hanging from rearview mirror so as to obstruct driver’s view; driving on double yellow line.

City of Oshkosh v. Richard A. Selquist, 2010AP862, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Selquist: Walter Arthur Piel, Jr.; BiC; Resp.; Reply The police had reasonable suspicion to continue temporary detention of Selquist and to request filed sobriety testing while investigating a traffic accident: ¶7        …  In reviewing whether the […]

State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply Interrogation – Ambiguous Request for Counsel Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated […]

John M. Stephenson v. Levenhagen, 7th Cir No. 09-2924, 08/26/2010 7th Cir decision; petition for rehearing denied 1/14/11, 3 dissents from denial of en banc review Habeas – Effective Assistance – Stun Belt Counsel’s failure to object to placement of stun belt on Stephenson during trial was held by the state court to be deficient: accepting […]