State v. Shaun M. Sanders, 2017 WI App 22, petition for review granted 6/13/17, affirmed, 2018 WI 51; case activity (including briefs) When Sanders was 19 years old he was charged with committing repeated sexual assaults of H.S. during a time period when he was aged 9 to 12 and H.S. was aged 7 to 9… Read more
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Racine County HSD v. R.E., 2016AP2039, 3/15/2017, District 2 (one-judge decision; ineligible for publication); case activity The record supported the circuit court’s grant of partial summary judgment on grounds of abandonment because there was no genuine issue of material fact as to whether R.E. had failed to visit or communicate with her child, S.E., for… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issues (composed by On Point) Whether the prosecutor’s closing argument impermissibly shifted the burden of proof by telling the jury that in order to acquit the defendant they would have to believe the complaining witnesses were lying, that there would have to be evidence… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issues (composed by On Point) Was trial counsel ineffective for failing to move to dismiss on First Amendment free speech grounds a disorderly charge that was based on Breitzman’s use of foul language toward her son inside their home? Did the court of appeals… Read more
We’ve recently reinvigorated our Facebook and Twitter feeds. Besides notifications of new posts, the feeds also feature alerts of notable upcoming decisions and occasional links to on-point criminal law stories from around the internet. So click on the links in this post or those little buttons at the top of the banner, check out the feeds… Read more
Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19, 3/7/17, reversing a published court of appeals opinion, 2015WI App 74, case activity (including briefs) Justice Kelly’s maiden majority opinion opens with a 4-page discussion of a subject both parties disavowed–the Second Amendment right to bear arms. According to the briefs, this case posed only an… Read more
State v. Thornon F. Talley, 2017 WI 21, 3/9/17, affirming an unpublished summary court of appeals order; case activity (including briefs) Thornon Talley, who is committed as a sexually violent person under Wis. Stat. ch. 980, filed a petition for discharge from that commitment in 2012. The circuit court denied the petition without a hearing. The supreme… Read more
State v. Randy Allen Lapp, 2016AP116-CR, 3/7/17, District 1 (not recommended for publication); case activity (including briefs) Randy Lapp’s ineffective assistance claims are numerous and diverse, and the court of appeals quickly disposes of them. To wit: You can’t show ineffective assistance for failing to substitute a judge without showing prejudice. (¶¶8-9). McMorris evidence must… Read more
