On Point

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 solely […]

 court of appeals decision; for Lesik: Anthony Cotton Overbreadth challenge to 948.02, sexual assault of a child 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 […]

court of appeals decision, pro se Detainer, definition, nationwide arrest warrant Issue/Holding: Faxing to the defendant’s prison an arrest warrant and complaint, followed by verbal confirmation of the validity of same, satisfied the § 976.05 definition of “detainer,” notwithstanding the issuing authority’s express disavowal to the prison of intent to lodge a detainer.  ¶11   We […]

court of appeals decision; for Phillips: Michael J. Backes; case activity Warrantless Entry – Exigent Circumstances  ¶8        There are four exigent circumstances that may justify a warrantless search: “(1) an arrest made in ‘hot pursuit,’ (2) a threat to safety of a suspect or others, (3) a risk that evidence will be destroyed, and (4) […]

Sentence modification based on new factor; Earned Release Program and Challenge Incarceration Program State v. Jeremy D. Schladweiler, 2008AP3119-CR, Dist II, 11/11/09 Pro se  Issue/Holding: ¶7        Sentence modification involves a two-step process. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). First, a defendant must show the existence of a new factor […]

Consecutive sentences following partial plea withdrawal and reconviction Click here for court of appeals decision, petition for review granted 10/27/10 Defense counsel: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: After sentencing on 3 separate counts, the trial court granted Lamar’s motion to withdraw his guilty pleas to 2 of the counts. He continued to serve […]

Order for DNA sample and surcharge Click here for certification order For Mathis: Donna Odrzywolski We [District IV] certify this appeal to the Wisconsin Supreme Court pursuant to Wis. Stat. Rule 809.61 (2007-08), to resolve a conflict among the districts of the court of appeals that has arisen as a result of our decision in […]

Waiver of Escalona argument; claim of self-defense where crime includes “utter disregard of life” element Click here for court of appeals decision, PFR filed 8/3/09 (opinion originally issued 4/23, withdrawn 5/12, reissued 5/21, withdrawn 6/12, reissued 7/2. Groundhog Day? Not quite: the withdrawn opinions found that trial counsel was ineffective for not seeking a lesser […]

Plain error rule; DA’s “vouching” during closing argument Click here for court of appeals decision Defense counsel: Amelia L. Bizzaro Issue/Holding:   ¶12      “Plain error” means a clear or obvious error, one that likely deprived the defendant of a basic constitutional right. State v. Frank, 2002 WI App 31, ¶25, 250 Wis. 2d 95, 640 N.W.2d […]

Hit and run causing injury is felony Click here for court of appeals decision  Defense counsel: John M. Yackel  Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony.  Analysis:  Obviously, this result is going to make life more […]