On Point

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶39      Jorgensen’s right to confrontation was also violated during the prosecutor’s closing argument. The prosecutor took what the jury had improperly heard during the trial a step further. She “testified” that Jorgensen was a “chronic […]

State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue/Holding: The sentencing court may consider uncharged and unproven offenses, ¶36; id n. 20: State v. Leitner, 2002 WI 77, ¶45, 253 Wis.  2d 449, 646 N.W.2d 341. See also State v. McQuay , 154 Wis. 2d 116, 126, 452 N.W.2d 377 (1990) (“Evidence of unproven offenses involving the defendant […]

Wright v. Joseph L. Van Patten,552 US 120 (2008) Prior history: Joseph Van Patten v. Deppisch, 434 F.3d 1038 (7th Cir. 2006), reinstated, 489 F. 3d 827, 2007, on remand from the Supreme Court for further consideration in light of Carey v. Musladin, 549 U. S. ___ (2006); on habeas review of, unpublished opinion of […]

State v. Pablo Ruiz-Velez, 2008 WI App 169 For Ruiz-Velez: Melnda A. Swartz, SPD, Milwaukee Appellate Issue: Whether audiovisual recordings of statements made by alleged victims and admitted into evidence under § 908.08(1) must be transcribed by the official court reporter. Holding: ¶4        Wisconsin Stat. Rule 885.42(4) provides: “At trial, videotape depositions and other testimony presented […]

Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification TPR – Elements, Ground of Continuing Need of Protection and Services, Generally Issue/Holding: ¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to […]

Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16, District 2 (published) Issue/Holding: A deported father’s participation in the TPR proceeding by a webcam system was “meaningful,” given that he could see and hear witnesses, be seen by the court, and communicate privately with counsel and with aid of an interpreter, ¶¶10-19. State v. […]

Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification Issue/Holding: Stipulation to a TPR elements did not constitute withdrawal of the demand for a jury trial, where the element was submitted to, and found by, the jury under the instructions and special verdict form, ¶¶18-24. The court approvingly analogizes to State v. Charles […]

Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification Issue/Holding: ¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to court orders containing the termination of parental rights notice. Second, the […]

Manitowoc County HSD v. Allen J., 2008 WI App 137 Issue/Holding: ¶1 Allen J. appeals from orders terminating his parental rights to his children, Brandon [1] and Stephanie J. He argues that he was deprived of his right to a jury trial because the court, rather than the jury, answered one of the verdict questions […]

Oneida Co. DSS v. Therese S., 2008 WI App 159 Grounds Issue/Holding: Informing the parent of potential “dispositions in a general sense” is not enough to satisfy § 48.422(7)(a): ¶16      Thus, at the very least, a court must inform the parent that at the second step of the process, the court will hear evidence related to […]