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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
Melissa S. v. Edward T. K., 2009AP2354, Dist IV, 1/14/10
court of appeals decision (1-judge; not for publication)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 require a court to dismiss a custody action as soon as it discovers that another state had entered a custody order for the child when the action was commenced in this state.
State v. John D. Tischer, Sr., 2009AP992-CR, Dist IV, 1/14/10
court of appeals decision (1-judge; not for publication)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.
State v. Rene L. Fortun, 2009AP1172-CR, Dist IV, 1/14/10
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).
State v. Dimitri Henley, 2010 WI 12
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 the action or proceeding on which an appellate judge has already participated as a judge is once again before a court on which the same judge is serving.
Seizure of Person: Some Restraint Necessary; Reasonable Suspicion: Stop of Car: No Front Plate – “Frisk” of Car
State v. Leneral Louis Williams, 2010 WI App 39; for Williams: Richard L. Zaffiro; Resp Br.; Reply Br.
Seizure – Some Restraint Necessary
¶16 The Fourth Amendment is not implicated until there has been a seizure. The Court in Terry described a seizure as “whenever a police officer accosts an individual and restrains his [or her] freedom to walk away.” Id.
Appellate Procedure – Standard of Review – Burden of Proof (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Civil Commitments (Tuberculosis; NGI; SVP) (pre-2010 Caselaw)
Go: here.
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.