On Point

court of appeals decision (3-judge; not recommended for publication); for Lidell: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br. Ineffective Assistance Failure to impeach complainant with various prior inconsistent statements either adequate strategy or non-prejudicial; failure to call witnesses proper strategy, where attorney interviewed them and determined “that their demeanor would not help the defense.”

court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Conditional Jail Time “Applying the plain language of § 973.09(4)(a), it is clear that straight confinement time may be imposed as a condition of probation, and that although the trial court ‘may grant’ work-release privileges, it is not required to do so.” It follows […]

court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Ineffective Assistance Machner hearing not required because record “conclusively demonstrates” no deficient performance; nor can prejudice be shown from asserted deficiency.

court of appeals decision (1-judge; not for publication) Traffic Stops No seizure, given that police neither “prompted” Hennessey to park car not blocked him in; therefore reasonable suspicion not necessary to approach car.

decision below: 2009 WI App 143; for Conner: Steven J. House Issues: What degree of specificity is required in charging dates of allege conduct in a criminal information to satisfy the accused’s constitutional due process rights of notice of the charged offenses? Does Wis. Stat. § 940.32(2m)(b) require that the state prove that a “course […]

decision below: 2009 WI App 161; for Patterson: David R. Karpe Issues: Is contributing to the delinquency of a child resulting in death a lesser-included offense of first-degree reckless homicide under Wis. Stat. § 939.66(2)? Can one contribute to the delinquency of a 17-year-old individual when such individuals are no longer subject to juvenile delinquency […]

decision below: 2010 WI App 11; for Forbush: Craig Mastantuono; Rebecca M. Coffee Issues: Whether the right to counsel under the Wisconsin Constitution prohibits the state from interrogating a represented individual once the state is aware of the representation Whether a suspect made an equivocal request for counsel during police questioning, thereby invoking his right […]

Village of West Salem v. Low, 2009AP2654, Dist IV, 3/25/2010 court of appeal decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Challenge to OWI-1st in municipal court fails for want of jurisdiction, where judgment had been entered in circuit court because at the time no local municipal court existed. An obscure problem, to […]

court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Traffic Stop – Marijuana Odor and Probable Cause Suppression of passenger’s statement due to custodial interrogation without Miranda warnings leaves police without probable cause to arrest driver: ¶7        First, we will address the State’s argument that Kohel’s statement “[w]e just […]

7th circuit court of appeals decision Habeas – Ineffective Assistance – Extraneous Juror Influence 1. Where both defendant and homicide victim were African-American, in-court proclamation from latter’s mother that “the situation is racist” is deemed to be “ambiguous and apparently innocuous.” It follows that counsel’s failure to pursue the matter was reasonable. Remmer v. United States, […]