On Point

court of appeals decision (1-judge; not for publication); for Maceo: Brian C. Findley

TPR – Assume-Responsibility Ground

Evidence sufficient to support verdict on § 48.451(6) ground of failure to assume parental responsibility for child born prematurely with significant medical needs:

¶30     The trial court accurately concluded that the evidence it outlined was sufficient to support the jury’s verdict that Maceo failed to assume parental responsibility of Jalacea.

Berghuis v. Thompkins, USSC No. 08-1470, 6/1/10

Thompkins’ acknowledgment that he prayed for God’s forgiveness for the shooting was admissible as valid waiver of Miranda rights, despite being preceded by nearly 3 hours of silence during custodial interrogation. Rights must be invoked unequivocally, or not at all:

The Court has not yet stated whether an invocation of the right to remain silent can be ambiguous or equivocal, but there is no principled reason to adopt different standards for determining when an accused has invoked the Miranda right to remain silent and the Miranda right to counsel at issue in Davis.

Carr v. U.S., USSC No. 08-1301, 6/1/10

… the Act established a federal criminal offense covering, inter alia, any person who (1) “is required to register under [SORNA],” (2) “travels in interstate or foreign commerce,” and (3) “knowingly fails to register or update a registration.” 18 U. S. C. §2250(a). At issue in this case is whether §2250 applies to sex offenders whose interstate travel occurred prior to SORNA’s effective date and,

Wisconsin supreme court order

The underlying question is whether Justice Roggensack “previously handled” Henley’s earlier appeal when she was a court of appeals judge; if so, then by statute she must be disqualified from participating in his now-pending appeal. She declined to disqualify herself in a memorandum decision, 2010 WI 12. Further background, here. And here, especially with respect to State v.

OLR v. Joan M. Boyd, 2010 WI 41

Various derelictions warrant 12-month license suspension, consecutive to already-imposed suspensions. The Counts include various failures to act competently and to keep her client reasonably informed in a number of postconviction actions. In one instance, lack of diligence led to loss of the federal habeas statute of limitations, ¶8; and in another, to a lost state appellate deadline, ¶11. Another count, of potential interest,

court of appeals decision (1-judge; not for publication); for Heindl: Lisa A. McDougal; BiC; Resp.; Reply

Jury Instructions – Self-Defense

Trial for battery, which the State theorized occurred when Heindl put Lien in a headlock from behind. Heindl himself suffered scratches and swelling about an eye, but was seriously drunk and had difficulty giving a coherent account to the police. He did not testify,

State v. Matthew C. Parmley, 2010 WI App 79; for Parmley: Christopher M. Eippert; BiC: Resp.; Reply

A sex offender may obtain an exception from the registration requirement 0f § 301.45(1m)2, if “the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child.” At the time of his offense,

State v. Brian K. Sowatzke, 2010 WI App 81; for Sowatzke: Andrew R. Walter; BiC; Resp.; Reply

¶13      Sowatzke had two countable OWI “convictions, suspensions or revocations” (i.e., he had two OWI convictions) at the time he was arrested on May 9; he had a BAC of 0.048 percent at the time he was arrested on May 9; his legal BAC limit was 0.08 percent at the time he was arrested on May 9.  

publication orders, 5/26/10

2008AP003192 2010 WI App 63 Charles F. Reuben, M.D. v. Keith D. Koppen

2008AP003235 2010 WI App 64 Curt Andersen v. Department of Natural Resources

2009AP000094 2010 WI App 65 Claudia D. Stumpner v. Charles C. Cutting, Jr.

2009AP000747 2010 WI App 66 Kalvin Loppnow v. Steven Bielik

2009AP001576 2010 WI App 67 Chad Novell v. Anthony Migliaccio

2009AP001669 2010 WI App 68 Roger H.

court of appeals decision (1-judge; not for publication); for Lonergan: Owen R. Williams; BiC; Resp.

Reasonable Suspicion – OWI Stop

Stop supported by reasonable suspicion, where vehicle “‘deviated constantly’ from a direct line of travel” and “made several abrupt course corrections,” albeit within its own lane. United States v. Lyons, 7 F.3d 973 (10th Cir. 1993) and United States v.