On Point

Wisconsin supreme court decision; below: certification; for Wood: Kristin E. Lehker; for amicus, Disability Rights Watch: Kristin Kerschensteiner; Supp. App. Br.; Supp. Resp.; Supp. Reply Due Process Challenge to Statute ¶13      A party may challenge a law or government action as being unconstitutional on its face.  Under such a challenge, the challenger must show that the law cannot […]

Jennifer M. v. Franz Maurer, 2010 WI App 8 Issue: “(W)hether a circuit court has authority to order a represented adult ward to submit to an interview with her guardian ad litem, outside the presence of her counsel and over her attorney’s objection, where the order also requires the guardian ad litem to report the content […]

court of appeals decision (3-judge, not recommended for publication); for Oliver: Steven D. Phillips, SPD, Madison Appellate; BiC; Resp. Br.; Reply Br. SVP – Evidence 1. Unobjected-to testimony by a state evaluator that DHS psychologists are more “conservative” in their conclusions than other SVP experts did not “cloud” the issue and therefore did not support […]

court of appeals decision (3-judge, not recommended for publication); BiC; Resp. Br.; Reply Br. Reversed, 2011 WI 12 Evidence – Extraneous Misconduct – “Context” On trial for sexual assault of defendant’s young stepdaughter, evidence that defendant also burned her hand was not admissible to show the “context” of the alleged crime. ¶15      Here, in contrast, the […]

court of appeals decision (1-judge, not for publication); for James M.: Shelley Fite, SPD, Madison Appellate TPR – Voluntariness of Plea ¶24      Because Wisconsin statutory law does not permit a court to terminate parental rights upon a finding of unfitness without completing the dispositional phase, we see no rationale for requiring a court to inform a […]

court of appeals decision (1-judge, not for publication); for Asley: Donald T. Lang, SPD, Madison Appellate Mental Commitment Trial court order of inpatient treatment supported by evidence: ¶18      Dr. Berney testified that as of the date of his examination, Ashley required inpatient treatment, but there was a substantial probability she would be ready for outpatient treatment […]

court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br. Traffic Arrest Probable cause to believe Broad drove on public roadway, hence to arrest for OWI, where car was found off the road, Broad was in driver’s seat and admitted to being driver, car “was warm and running.” Right to Testify Violation of […]

court of appeals decision (1-judge, not for publication) BiC; Resp. Br.; Reply Br. Terry Stop Reasonable suspicion found, based on citizen informant report of pickup truck slowly going back and forth down a residential street at 3:30 in the morning and “approaching various houses”; “lawful but unusual and suspicious driving may be the basis of […]

State v. Travis Joe Brimer, Jr., 2010 WI App 57; for Brimer: Lora B. Cerone, SPD, Madison Appellate; Resp. Br.; Reply Br. “The right against self-incrimination only applies at criminal proceedings or “other proceeding … where the answers might incriminate [the defendant] in future criminal proceedings.” Allen v. Illinois, 478 U.S. 364, 368 (1986) (citations omitted),” ¶7. Because a reconfinement hearing […]

State v. Dionny L. Reynolds, 2010 WI App 56; for Reynolds: Russell D. Bohach; BiC; Resp. Br. Statement voluntary, following multiple interviews while in custody on unrelated offense: ¶45      Balancing Reynolds’ personal characteristics against the totality of the police detectives’ conduct, we note, first and foremost, that Reynolds voluntarily waived his Miranda rights before making his incriminating statement. Generally speaking, […]