On Point

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court of appeals decision (not recommended for publication) Arrest – Probable Cause Arrest based on probable cause where drug informant identified photo of Laster as person he just bought drugs from.

court of appeals decision (1-judge; not for publication) Delinquency – Venue Delinquency venue is where the juvenile resides, § 938.185(1)(a), which is where the legal custodian establishes the child’s domicile; legal custodian of Jennifer Z. was Taylor Co. Human Services, therefore she resided in Taylor Co. Ineffective Assistance of Counsel – Eliciting Incriminating Testimony Counsel’s […]

State v. Jeffrey A.W., 2010 WI App 29; for Jeffrey A.W.: Hans P. Koesser Adequacy of Counsel Investigation Counsel’s attempt to demonstrate the absence of herpes in the defendant—an issue central to this sexual assault prosecution—was, although a failure, not the product of deficient performance. ¶12  There is no question that trial counsel’s investigation yielded […]

court of appeals decision; for Garcia: Paul M. Ruby Defendant’s Right to Testify – After-the-Fact Evidentiary Hearing on Required Colloquy Although a colloquy is required by State v. Weed, 2003 WI 85 before the defense rests without testimony from the defendant, failure to conduct the colloquy doesn’t automatically result in new trial but, rather, supports postconviction evidentiary […]

court of appeals decision (1-judge; not for publication) Vehicle Stop – Rear Plate State Name Obscured Stop proper where rear plate bracket obscured name of state, even though “America’s Dairyland” visible at bottom of plate;  pretextual nature of stop irrelevant.

court of appeals decision (1-judge; not for publication) TPR – Competency of Court, Uniform Child Custody Jurisdiction and Enforcement Act Custody order in Iowa didn’t strip competency of Wisconsin court to act on TPR petition, where child now lived in Wisconsin, and matter held in abeyance until Iowa declined jurisdiction; “Wis. Stat. § 822.23 does not […]

court of appeals decision (1-judge; not for publication) Vehicle Stop – Reasonable Suspicion – Anonymous Tip Insufficient Anonymous tip “from an unknown informant calling from an unknown location” that driver in restaurant parking lot pouring out beer insufficiently reliable to support subsequent stop, where no traffic violations or erratic driving observed.

court of appeals decision; for Fortun: Todd E. Schroeder Forgery, § 943.38(1) – Altered Prescription (Increasing Number of Pills) Altering the number of pills on a prescription and presenting the altered document to a pharmacist comes within the forgery statute, § 943.38(1).

Memorandum Decision (per Roggensack, J.) Disqualification, § 757.19(2)(e) Justice Roggensack isn’t disqualified under § 757.19(2)(e) from participating in Henley’s pending appeal, even though as a court of appeals judge she decided the separate appeal of Henley’s jointly tried codefendant Adams. ¶23  …  I conclude that disqualification/recusal is directed under Wis. Stat. § 757.19(2)(e) only when the same defendant in […]