On Point

court of appeals decision (3-judge; not recommended for publication); for Evans: George Tauscheck; BiC: Resp.; Reply Testimony from 4 (of a total of 9) false imprisonment victims wasn’t necessary to sustain the convictions on those counts: … (A) reasonable jury could have determined beyond a reasonable doubt from circumstantial evidence that Nathan B., Nicholas B., […]

Wisconsin supreme court decision Public reprimand for: “over-litigating” small claims case; taking position adverse to clients’ interest; pursuing frivolous argument; “making a baseless statement” about opposing counsel/party. Seven-plus years ago, counsel assumed representation of two debtors trying to get out of a $491.36 bill for medical services. The dust from the ensuing litigation volcano settles […]

United States Supreme Court decision (or, here) Criminalizing depictions of animal cruelty, 18 U.S.C. §48, held “substantially overbroad,” therefore violative of First Amendment. First Amendment restrictions on speech are permitted “in a few limited areas” (obscenity, crime facilitation, et al.), and despite long-standing abhorrence of animal cruelty, depictions of same will not be added to […]

court of appeals decision (1-judge; not for publication); for Able: Francesco G. Mineo; BiC; Resp.; Reply Reasonable Suspicion, Stop Police had reasonable suspicion for temporary detention: after business hours, car pulled into parking lot of fitness club that had been subject of recent burglaries. Conclusion unremarkable save perhaps court’s inexplicable emphasis that event occurred “close to bar closing time,” ¶12. […]

court of appeals decision (3-judge; not recommended for publication); for Jackson: Byron C. Lichstein; BiC; Resp.; Reply Hearsay, Child Sexual Assault, Residual Exception Statements by youthful sex assault complainants admissible under residual hearsay exception, court rejecting idea that it’s thereby allowing exception to swallow general rule against hearsay admissibility; confrontation objection forfeited). Counsel – Strategic […]

court of appeals decision (1-judge; not for publication); for Cochran: Michael J. Schmidt; BiC; Resp. Probation Extension Extension of probation due to failure to discharge restitution obligation upheld, against argument Cochran had made good-faith effort to pay but lacked ability to do so.

court of appeals decision (1-judge; not for publication); for Schlapper: Owen R. Williams; BiC; Resp.; Reply Probable Cause Based Search of Car, After Arrest of Passenger Police had probable cause to search car, after passenger threw marijuana out window; search-incident limitations imposed by Arizona v. Gant therefore inapplicable.

court of appeals decision (3-judge; not recommended for publication); pro se; Resp. Br. Forfeiture Refusal of request to return seized cash upheld, where Morton was convicted of drug offenses: separate forfeiture action was unnecessary (Leonard L. Jones v. State, 226 Wis.2d 565, 594 N.W.2d 738 (1999), controlling); trial court forfeiture decision is discretionary, and Morton’s […]

court of appeals decision (3-judge; not recommended for publication); pro se; Resp. Br. Postconviction Motion, IAC Claim Denial of Machner hearing upheld: defendant’s affidavit in support of motion “conclusory,” and claims otherwise contradicted by contemporaneous record.

State v. Kyle Lee Huggett, 2010 WI App 69; for Huggett: Craig A. Mastantuono; BiC; Resp; Reply The State forfeited a potential appellate argument by conceding it in the trial court, in response to Huggett’s postconviction motion, ¶14. Unmentioned by the court: the State is the appellant. Why does that matter? Because the general rule is […]