T.M.H. v. A.N.W., 2016AP1981, District 4, 12/29/16 (one-judge decision; ineligible for publication); case activity The biological father of J.H. petitioned to terminate the parental rights of the biological mother, A.W. The circuit court granted the petition, but only after concluding it could order continued visitation between J.H. and his maternal great-grandmother, with whom J.H. had an important relationship… Read more
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State v. John D. Myer, 2016AP490-CR, District 4, 12/22/16 (one-judge decision; ineligible for publication); case activity (including briefs) Assuming a police officer’s contact with Myer constituted a seizure, it was justified under the community caretaker doctrine. At 2:30 a.m. one October night the officer passed the parking lot of a closed business and saw a vehicle idling, its… Read more
State v. Michael L. Washington, 2017 WI App 6, petition for review granted 4/10/17, affirmed, 2018 WI 3; case activity (including briefs) Michael Washington was set to go on trial for burglary and obstructing an officer. On the morning of the first day of trial, before voir dire, Washington began complaining about his attorney, engaged in a contentious… Read more
State v. Judith Ann Detert-Moriarty, 2017 WI App 2; case activity (including briefs) The Wisconsin Equal Access to Justice Act, § 814.245, doesn’t apply to a person who prevailed in a forfeiture action brought in the name of the State of Wisconsin because the clear statutory language covers only actions brought by “a state agency.” Detert-Moriarty… Read more
Jefferson County DHS v. C.C., 2016AP1983, District 4, 12/21/16 (one-judge decision; ineligible for publication); case activity The circuit court properly granted summary judgment on the petition terminating C.C.’s parental rights despite C.C.’s claims that the circuit court violated the mandatory notice provision under § 802.08(2) and that a genuine issue of material fact exists on the… Read more
State ex rel. Vincent Martinez v. Brian Hayes, 2014AP2095, District 2, 12/21/16 (not recommended for publication); case activity (including briefs) Martinez claimed the lawyer who represented him at his ES revocation hearing should have objected to certain hearsay evidence and to the ALJ’s failure to find good cause for the lack of appearance of certain witnesses. The… Read more
Review of a published court of appeals opinion; case activity (including briefs); petition for review Issues (from the petition): I. Whether the circuit court properly suppressed Mr. Blackman’s warrantless blood test because he was unconstitutionally coerced into taking the test when he was read the informing the accused form which incorrectly told him that he… Read more
Review of an unpublished court of appeals opinion; case activity (including briefs); petition for review Issues (composed by On Point): 1. Whether a driver, who is a non-native speaker of English, consents to a blood draw where, in response to the officer’s question “will you consent” gives an unintelligible answer, then clearly asks “what kind of… Read more
