On Point

court of appeals decision (3-judge); Resp Br; Reply Sentencing Discretion Sentencing court’s giving “public protection factor” “paramount” consideration proper exercise of discretion.

court of appeals decision (3-judge, not recommended for publication); Resp Br; Reply Impartial Tribunal Various rulings did not evince judicial bias, even if some displayed “irritation or impatience”; moreover, judicial rulings alone almost never establish judicial partiality.

court of appeals decision (3-judge, not recommended for publication); Resp Br; Reply “Great Bodily Harm” Instruction defining “great bodily harm” as “serious bodily injury” adequate, under controlling authority of State v. Mahlik D. Ellington, 2005 WI App 243, ¶¶6-10.

court of appeals decision (1-judge, not for publication); BiC; Resp Br Search & Seizure – Warrantless Entry O’Connell had reasonable expectation of privacy in stairwell leading to his apartment; warrantless entry to stairwell, to investigate OWI complaint against O’Connell, “was not justified by exigent circumstances because at the time of the entry, the officers had […]

ussc decision “Edwards” Rule – 14-Day Expiry A “break in custody” ends the presumptive involuntariness of a statement following invocation of right to counsel; reinterrogation permitted after 14-day lapse. … The protections offered by Miranda, which we have deemed sufficient to ensure that the police respect the suspect’s desire to have an attorney present the […]

S.C. Johnson v. Milton E. Morris, 2010 WI App 6, PFR filed 12/30/09 Issue/Holding: ¶5 n. 1: We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v. […]

S.C. Johnson v. Milton E. Morris, 2010 WI App 6, PFR filed 12/30/09 Issue/Holding: ¶5 n. 1: Justice Robert Hansen once wrote the now familiar phrase that “[a]n appellate court is not a performing bear, required to dance to each and every tune played on an appeal.” State v. Waste Mgmt. of Wis., Inc., 81 […]

USSC decision In a pathmarking decision, Miranda v. Arizona , 384 U. S. 436, 471 (1966) , the Court held that an individual must be “clearly informed,” prior to custodial questioning, that he has, among other rights, “the right to consult with a lawyer and to have the lawyer with him during interrogation.” The question presented […]

Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14 Issue/Holding: ¶13      The circuit court reversed the Housing Authority’s denial of rent assistance because it concluded that, under Gehin v. Wisconsin Group Insurance Board, 2005 WI 16, 278 Wis. 2d 111, 692 N.W.2d 572, the Housing Authority could not base its decision […]

Thaler v. Haynes, USSC No. 09–273, 2/22/10 (per curiam) Nothing in Supreme Court caselaw clearly requires “that a demeanor-based explanation for a peremptory challenge must be rejected unless the judge personally observed and recalls the relevant aspect of the prospective juror’s demeanor.” In other words, there’s no requirement that the judge have been present during […]