Oneida County v. Randall J. Busarow, 2014AP2766, District 3, 7/28/15 (one-judge decision; ineligible for publication); case activity (including briefs) Though there wasn’t direct evidence of exactly when Busarow drove and whether he was intoxicated at that time, the state need not prove the elements of an offense only by direct evidence; reasonable inferences from the… Read more
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State v. Tammy R. Fullmer, 2015AP640-CR, District 4, 7/30/15 (one-judge decision; ineligible for publication); case activity (including briefs) Trial counsel was deficient for failing to effectively impeach the officer’s testimony that Fullmer failed to stop in front of a stop line because the intersection in question didn’t have a stop line; however, there were multiple other… Read more
State v. Steven Ray Gaddis, 2015AP130-CR, District 1, 7/28/15 (one-judge decision; ineligible for publication); case activity (including briefs) Even the sentencing judge admitted his sentencing explanation “could have been more extensive” (¶10). But, hey, it was good enough for government work. ¶9 The sentencing transcript here shows that the trial court complied with… Read more
State v. Ali H., 2015AP41, District 1, 7/28/15 (one-judge decision; ineligible for publication); case activity Though the juvenile court judge “was perhaps imprecise with its language,” the court of appeals concludes the judge did not erroneously apply adult sentencing considerations of punishment and deterrence when it decided to order Ali placed at Lincoln Hills. Under §§ 938.01… Read more
State v. David D. Hartl, Jr., 2014AP2921-CR, District 3, 7/28/15 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) In this OWI case, trial counsel moved to exclude reference to the 911 call about a possible drunk driver, which is what led to police to look for Hartl’s car and ultimately stop him. The… Read more
Derrick P. v. Anita P., 2014AP2570 & 2014AP2571, District 4, 7/23/15 (one-judge decision; ineligible for publication); case activity Anita P. raised equal protection and due process challenges to § 48.415(4)(a) for the first time on appeal, and the court of appeals finds it’s not in the interest of justice to decide the challenges. We describe… Read more
Dear readers: On Point will be in “maintenance mode” for the new few weeks so that we can do some updating and redesigning. We’ll let you know when it is back up. Don’t worry. You won’t miss anything. Posts on cases issued during the hiatus will be waiting for you when On Point returns. See… Read more
Richard Brown, one of the original judges elected to the Wisconsin Court of Appeals in 1978, retires this week. Thirty-seven years of judging translates into some pretty impressive statistics. According to a Westlaw Reference Attorney, Judge Brown appears in their database as the member of a panel on 6,511 opinions (and that doesn’t count one-judge… Read more