The Wisconsin Supreme Court justices typically meet once per month to discuss and decide petitions for review. There is no way to know which petitions they will be deciding in advance of a conference. However, On Point publishes posts on the petitions granted as quickly as possible after a conference–usually within 24 to 48 hours… Read more
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State v. Donyil Leeiton Anderson, 2014 WI 93, 7/30/14, reversing an unpublished per curiam court of appeals decision; majority opinion by Justice Gableman; case activity Without explaining its reasoning, the supreme court declares that while the consumption of prescription medication in accordance with a physician’s advice may give rise to an involuntary intoxication defense under § 939.42, it can… Read more
State v. Lester C. Gilmore, 2013AP2186-CR, District 2, 7/30/14 (not recommended for publication); case activity Trial counsel wasn’t ineffective for failing to call a witness at a Franks v. Delaware, 438 U.S. 154 (1978), hearing because counsel was concerned the witness was unpredictable and might undermine his argument and because he was instead able to rely on the… Read more
State v. Ricky H. Jones, 2013AP1731-CR, District 2, 7/30/14 (unpublished); case actvity Exclusion of expert testimony about defendant’s lack of propensity toward child sexual assault In defending Jones against two counts of 1st-degree sexual assault of a child, his lawyer wanted to elicit expert testimony that Jones posed a low risk of committing a sexual offense–a… Read more
Manitowoc County Human Services Dep’t v. Ralph B., 2014AP140, District 2, 7/30/14 (not recommended for publication); case activity The court of appeals affirmed the circuit court’s decision to terminate Ralph B.’s parental rights because Manitowoc County met its burden of proving a failure to assume parental responsibility and because trial counsel had sound strategic reasons… Read more
State v. Jesse N. Schwartz, 2013AP1868-CR, District 2, 7/30/14 (not recommended for publication); case activity The community caretaker exception to the Fourth Amendment’s warrant requirement didn’t justify the search of Schwartz’s home because police did not have a reasonable basis to believe another individual was in the home at the time of the search. Police suspected… Read more
State v. Kenneth L. Hare, Jr., 2013AP1675-CR, 7/29/14 (not recommended for publication); case activity In this case, the court of appeals rejected Hare’s contentions that his trial counsel was ineffective for failing to request a jury instruction on the law of self-defense and that he was entitled to an evidentiary hearing on a separate IAC… Read more
State v. Carlos Cummings and State v. Adrean L. Smith, 2014 WI 88, 7/24/14, affirming per curiam court of appeals decisions in 2011AP1653-CR & 2012AP520-CR, majority opinion by Justice Ziegler; concurrence/dissent by Justice Prosser (joined by Justice Bradley); dissent by Chief Justice Abrahamson; case activity for Cummings and Smith These cases address whether two Mirandized suspects… Read more
