On Point

State v. Christopher J. Lesik, 2010 WI App 12, PFR filed For Lesik: Anthony Cotton Issue/Holding: Sexual assault (intercourse) of a child, § 948.02, isn’t unconstitutionally overbroad, against a theory that it criminalizes acts undertaken for “proper medical purpose.” Although the statute is silent with respect to medical conduct, potential overbreadth may be cured through judicial construction […]

US Supreme  Court decision Public Trial – Closing Courtroom for Voir Dire Sixth Amendment right to a public trial in criminal cases extends to jury selection phase. Failure to consider alternatives to closure violated this right (“trial courts are required to consider alternatives to closure even when they are not offered by the parties”). Nor […]

Confrontation – Lab Report USSC decision. An order, really, not an opinion, tantamount to a “GVR” (Grant, Vacate, Remand): PER CURIAM. We vacate the judgment of the Supreme Court of Virginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massachusetts, 557 U. S. ___ (2009). Significance, as explained by Briscoe’s attorney and […]

supreme court decision; court of appeals decision; for Carroll: Michael K. Gould, SPD, Milwaukee Appellate Frisk – Demand that Suspect Drop Object Frisk analysis applies to police demand that suspect drop object in hand, ¶22. ¶23      Here, Carroll led officers on a high-speed chase in a car that the officers had been observing in connection with an […]

supreme court decision; court of appeals decision; for Fischer: James M. Shellow, Robin Shellow, Urszula Tempska Note: federal habeas relief was subequently granted, Richard M. Fischer v. Ozaukee Co. Circ. Ct., ED Wis No. 10-C-553, 9/29/10.  Federal appellate and district court cases don’t bind Wisconsin courts, which therefore needn’t follow this habeas decision, e.g., State v. Mechtel, […]

court of appeals decision (not recommended for publication); Resp Br. (Berard); Reply (State) Counsel – Conflict of Interest – Prior Representation in Unrelated Case “Berard’s postconviction showing that Peter B. was Attorney Smith’s former client in an unrelated case and that he wanted to pin his charged crimes on Peter B. does not equate to a showing […]

State v. Clifford D. Bvocik, 2010 WI App 49; for Bvocik: James C. Murray Prosecutorial Misconduct – Closing Argument Improper prosecutorial closing argument—encouraging jury to draw false inference—requires new trial in interest of justice; State v. Robert H. Weiss, Jr., 2008 WI App 72, controlling: ¶1        State v. Weiss, 2008 WI App 72, ¶¶15-17, 312 Wis. […]

court of appeals decision (not for publication); BiC; Resp Br; Reply Transport in Squad Didn’t Convert Stop to Arrest Temporary detention for OWI not converted to arrest by transport, in squad while handcuffed, to police station where field sobriety tests could be performed safely; court notes that officer expressly told Krahn detention was temporary and that handcuffs and […]

court of appeals decision, affirmed, 2011 WI 27; for Beauchamp: Martin E. Kohler, Craig S. Powell; case activity Dying Declaration, § 908.045(3) ¶8        …  dying declaration, codified in Wisconsin Stat. Rule 908.045(3): “A statement made by a declarant while believing that the declarant’s death was imminent, concerning the cause or circumstances of […]

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