On Point

court of appeals decision; ror Lewis: John T. Wasielewski; Resp. Br.; Reply Br. Appellate Procedure – Standard of Review: Government Informant ¶16      Our discussion must begin, as it almost always does, with the standard of review.  In deciding whether a person is a government informant or agent for purposes of this Sixth Amendment analysis, the […]

publication orders, 4/26/10 2008AP001763 CR 2010 WI App 47 State v. Benjamin W. Mercer 2008AP002980 CR 2010 WI App 48 State v. Karon M. Asmus 2008AP002981 CR 2010 WI App 48 State v. Karon M. Asmus 2009AP000140 CR 2010 WI App 49 State v. Clifford D. Bvocik 2009AP000371 2010 WI App 50 Keith J. Johnson […]

Questions Presented: May a party appeal an order denying summary judgment after a full trial on the merits if the party chose not to appeal the order before trial? SCOTUS docket: here. Scotusblog, briefs: here. This have anything to do with SPD-related practice? Not really, strictly speaking. But, isn’t the problem at least somewhat reminiscent […]

court of appeals decision (1-judge; not for publication); pro se; Resp. Br. Controlled Substance – Prescribed by Out-of-State Doctor Possession of marijuana, prescribed by California doctor under laws of that state, may be prosecuted in Wisconsin: though an exception exists for possession obtained by prescription from a “practitioner,” § 961.41(3g), the practitioner must be licensed […]

Questions Presented: California Civil Code sections 1746-1746.5 prohibit the sale of violent video games to minors under 18 where a reasonable person would find that the violent content appeals to a deviant or morbid interest of minors, is patently offensive to prevailing community standards as to what is suitable for minors, and causes the game […]

court of appeals decision (1-judge, not for publication); for Keri H.: Leonard D. Kachinski IAC Claim – TPR “The decision not to emphasize events preceding the current termination petitions was a reasonable strategic choice and does not constitute ineffective assistance of counsel,” ¶11. Separately: counsel did not perform deficiently in his efforts to obtain Keri […]

court of appeals decision (1-judge; not for publication); for Knapp: David M. Helmke; BiC; Resp. Harmless Error – Prior Conviction Inadmissible testimony suggestive of a prior conviction (Knapp’s statement upon arrest “that he was going to jail again”) was non-prejudicial: Knapp himself testified he had a prior conviction and nothing in the inadmissible testimony indicated […]

court of appeals decision (1-judge; not for publication); for Pintar: Sarvan Singh; BiC; Resp.; Reply Probable Cause – Traffic Violation The police had probable cause to believe Pintar violated § 343.13(1), given uncontroverted testimony that his vehicle “moved across the center skip line (of I-94) into the lane of a car that was approaching from […]

court of appeals certification; for Jacob T.: Eileen A. Hirsch, SPD, Madison Appellate TPR – Grounds We certify this case because we believe that State v. Quinsanna D., 2002 WI App 318, 259 Wis. 2d 429, 655 N.W.2d 752, prevents us from interpreting Wis. Stat. § 48.415(6) in a manner that is consistent both with the […]

court of appeals decision (1-judge; not for publication); for Luckett: Cheryl A. Ward; BiC; Resp.; Reply Extended Supervision Conditions ES condition barring Luckett from residing”with any person in any place in which children or women reside [without] Court’s permission” neither unreasonable nor unconstitutionally overbroad. The court of appeals stresses that Luckett’s history “demonstrates domestic violence”; […]