On Point

State v. William Webber, 2010AP9-CR, District 3, 8/17/10 court of appeals decision (1-judge, not for publication); for Webber: Chris A. Gramstrup; BiC; Resp. On charges of 4th degree sexual assault and obstructing, the sentencing court properly considered, as both aggravating and mitigating, Webber’s 30-year history as a law enforcement officer, as well as his nonconsensual […]

State v. Timothy Ray Anderson, 2009AP2416-CR, District 1, 8/17/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Jeremy C. Perri; BiC; Resp.; Reply Anderson’s postconviction motion for plea withdrawal, on the ground he didn’t understand that a charge “dismissed outright” could nonetheless be considered at sentencing, was properly denied without hearing. The […]

7th circuit decision Habeas – Filing Deadline – DNA Motion as Tolling Price’s postconviction motion for DNA testing in Illinois state court didn’t toll the 28 U.S.C. § 2254 federal habeas deadline, and his habeas petition is therefore deemed untimely. The court’s analysis relates to Illinois procedure. As will be seen, Wisconsin’s is meaningfully different […]

State v. Steve J. Will, 2010AP723-CR, District 4, 8/12/10 court of appeals decision (1-judge, not for publication); for Will: Mark Eisenberg; BiC; Resp.; Reply Reasonable suspicion to stop Will’s truck is supported under the multi-factor test of State v. Guzy, 139 Wis. 2d 663, 407 N.W.2d 548 (1987): while authorities were monitoring a marijuana field […]

State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10 court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp. Traffic Stop – No Wisconsin DL Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident, […]

State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10 court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp. Right to Silence During Custodial Interrogation Invocation of the right to silence during custodial interrogation must be clearly articulated, holding to that effect in State v. Ross, 203 Wis. 2d […]

court of appeals decision (3-judge, not recommended for publication); for Watling: Margaret A. Maroney, Shelley M. Fite, SPD, Madison Appellate; BiC; Resp.; Reply Sentencing – Exercise of Discretion – Sex Offender Registration The sentencing court properly exercised discretion in requiring Watling to register as a sex offender on his conviction for 4th-degree sexual assault, ¶¶7-15. […]

State v. Erik B. Hudson, 2010AP000780-CR, District 3, 8/10/10 court of appeals decision (1-judge, not for publication); for Hudson: George S.Pappas, Jr.; BiC; Resp. While “better practice” would have been to strike and give a curative instruction following a witness’s non-responsive testimony, the trial court’s failure to do so wasn’t plain error.

State v. Glenn L. Earhart, 2010AP348-CR, District 3, 8/10/10 court of appeals decision (1-judge, not for publication); for Earhart: Patrick J. Stangl; BiC; Resp.; Reply Reasonable Suspicion – Informant Reliability Authorities were under no obligation to check into a citizen-informant’s criminal record before acting on the information she related. ¶9 Earhart argues Kistner unreasonably relied […]

court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply Search Warrant – Probable Cause Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause […]