On Point

State v. Juiquin A. Pinkard, 2010 WI 81, affirming unpublished decision; for Pinkard: Richard L. Zaffiro; BiC; Resp.; Reply The community caretaker function, which allows the police “to protect persons and property,” supports warrantless entry of a home. Exercising this function, the police justifiably entered Pinkard’s home in response to an anonymous phone report that […]

court of appeals decision (1-judge, not for publication); for Franzen: Timothy J. Lennon; BiC; Resp.; Reply Suppression Hearing – Pleading Requirements for Evidentiary Hearing Suppression hearing isn’t required on motion which challenged probable cause to administer PBT but failed to specify the relief sought. ¶6        WISCONSIN STAT. § 971.30 deals with the […]

Manitowoc Co. HSD v. Tammy L.C., No. 2010AP118, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Tammy L.C.: Matthew S. Pinix Mootness – Discharge from Civil Commitment Appeal of commitment order is dismissed as moot where appellant has been discharged and no extension sought. Mootness raises a question of policy, not jurisdiction, […]

State v. Brittany A. Meye, No. 2010AP336-CR, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Meye: Kevin G. Keane; BiC; Resp.; Reply ¶6        Meye argues that the odor of intoxicants alone is insufficient to raise reasonable suspicion to make an investigatory stop. We agree. We will not cite, […]

State v. Patrick C. Carter, 2010 WI 77, affirming as modified, 2007 WI App 255; for Carter: Ellen Henak, SPD, Milwaukee Appellate Carter is entitled to sentence credit for time spent in custody in Illinois following his arrest on an outstanding Wisconsin warrant along with an Illinois charge, given that the resultant sentences were concurrent. […]

Blum v. 1st Auto & Casualty Insurance Company, 2010 WI 78 ¶42 We next address whether a court of appeals decision retains any precedential value when it is overruled by this court. We hold that when the supreme court overrules a court of appeals decision, the court of appeals decision no longer possesses any precedential […]

State v. Landray M. Harris, 2010 WI 79, reversing unpublished decision; for Harris: Michael K. Gould, SPD, Milwaukee Appellate; Resp. Br.; Reply; Amicus ¶3 We agree with the State and reject the reasonable observer test created by the court of appeals. Sentencing decisions are afforded a presumption of reasonability consistent with Wisconsin’s strong public policy […]

7th circuit court of appeals decision (en banc) Second Amendment – Categorical Ban on Possession Categorical legislative bans on gun possession are permissible under the second amendment, including those for convictions of misdemeanor crimes of domestic violence per 18 U.S.C. § 922(g)(9), which the court now upholds. District of Columbia v. Heller, 128 S. Ct. […]

7th circuit court of appeals decision Habeas – Miranda Waiver Viewed through the deferential lens of 2254 habeas review, a state court finding that the severely mentally impaired Collins knowingly and intelligently waived his Miranda rights an incriminatory statement was not unreasonable. Collins had a Wechsler-scale IQ in the low- to mid-60s, exacerbated by a […]

State v. Lyle A. Lay, No. 2010AP81-CR, District III, 7/13/10 court of appeals decision (1-judge; not for publication); for Lay: Timothy A, Provis; BiC; Resp.; Reply An Alford plea may be one of “no contest” as well as “guilty”: ¶8      Lay is mistaken that an Alford plea cannot be entered within the context of pleading […]