On Point

court of appeals decision; for Marinez: David Leeper; BiC; Resp. Br.; Reply Br. Appellate Procedure – Waiver and Effective Assistance of Counsel ¶12 n. 12: Although Marinez argues ineffective assistance of counsel, he also asks that we review his statutory and due process arguments directly. He cites to State v. Anderson, 2006 WI 77, ¶26, 291 Wis. 2d […]

court of appeals decision (1-judge; not for publication) TPR – Closing Argument County’s closing argument exhorting jury to consider that gal “represents the child and what’s best for the child” merely described “how the parties and their attorneys were aligned,” not that jury “should consider the ‘best interest’ of the child.” TPR – Evidence Evidence […]

court of appeals decision (1-judge; not for publication); Lora B. Cerone, SPD, Madison Appellate TPR – Stipulation, Grounds Signed stipulation to grounds, which effectively withdrew jury demand, upheld where trial court addressed parent in court and on record, and she “acknowledged her understanding clearly, repeatedly, and without equivocation.” TPR – New Evidence Postdisposition change in […]

court of appeals decision TPR – Forfeiture of Jury Trial Failure to appear at initial hearing and make timely request forfeited right to jury trial; trial court’s ultimate refusal to enter default judgment “did not return the case to the initial hearing stage or reinstate Luis’s right to a jury trial”; nor did filing of […]

court of appeals decision (3-judge; not recommended for publication); Randall E. Paulson, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Pre-Sentence Plea Withdrawal Adverse findings of fact doom pre-sentencing plea withdrawal premised on claims: attorney rushed Watson into pleading out, but trial court accepted attorney’s testimony to contrary; and Watson hadn’t seen victims’ videotaped statements, but […]

court of appeals decision; for Pittman: Kathleen M. Quinn; BiC; Resp. Br.; Reply Br. Armed Robbery, § 943.32 – Dangerous Weapon Although Rittman neither in fact possessed a dangerous weapon, his cautioning that no one would get hurt if the teller gave him money coupled with putting his hand in his pocket sufficed to prove […]

court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br. “Booking Exception” to Miranda Questioning to determine Pugh’s “true identity” fell within “booking exception.” Sentencing Discretion Sentence upheld where “well within maximum” and addressed “the three primary factors.”

court of appeals decision; for Carter: Melinda A. Swartz, SPD, Milwaukee Appellate; Resp. Br.; Reply Br. Ex Parte Judicial Questioning, Pretrial Proceeding Pretrial judicial questioning of a witness at return of a bench warrant worked deprivation of the defendant’s rights to counsel and presence at trial when the witness was subsequently impeached with statements she […]

court of appeals decision; for Lee: Devon M. Lee, SPD, Madison Appellate; Resp. Br.; Reply Br. Sentence Credit – Wisconsin Custody under Foreign Parole Hold Time spent in Wisconsin custody under a foreign parole hold must be credited against the Wisconsin sentence, even though it is ordered “consecutive to any previously imposed sentence.” Concern about […]

court of appeals decision; for Duckett: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br. Guilty Pleas – Breach – Lack of Contemporaneous Objection Failure to object contemporaneously forfeits right of review of subsequently-asserted plea bargain breach. The issue therefore is reviewable only “in the context of a claim for ineffective assistance of […]