You know the NYC stop-and-frisk litigation where the Second Circuit sua sponte removed the district court judge. The plaintiffs have moved for en banc reconsideration. Read the story and the pleadings here. Speaking of traffic stops, this one led to 3 enemas, a colonoscopy and a now lawsuit. Ick. Click here. Public defender disbarred for… Read more
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Steve P. v. Maegan F., 2013 WI 89, dismissing review of an unpublished court of appeals decision; per curiam (Justice Prosser did not participate); case activity This is every appellate lawyer’s nightmare–pouring your heart into an emotionally charged case presenting a provocative legal issue briefed by 5 different parties and amici and then having the supreme court… Read more
Wood County Human Services v. James D., 2013AP1378, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity One of the elements of protective placement is that the person has a disability that is permanent or likely to be permanent, § 55.08(1)(d). The County failed to prove this element by clear and convincing evidence because… Read more
Sun Prairie v. Brent D. Curry, 2013AP1206, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity Police had reasonable suspicion to stop Curry, who was driving on a residential street at 3:40 a.m., turned around, sped past the officer’s car, and then turned at a high rate of speed into the… Read more
Dodge County v. Giovanina Louise Ray, 2013AP1588, District 4, 11/7/13; court of appeals decision (1-judge; ineligible for publication); case activity The general prohibition against inattentive driving in § 346.89(1) covers falling asleep behind the wheel. Ray argued the statutory language prohibiting a person from being “so engaged or occupied as to interfere with the safe driving” of… Read more
State v. Jeffrey A. Adamczak, 2013 WI App 150; case activity Admission of other acts evidence Adamczak was charged with sexual exploitation by a therapist in violation of Wis. Stat. § 940.22 for having sexual contact with Sabrina. He testified the contact occurred, but only after the patient-therapist relationship was over. (¶¶3, 5). Before trial the… Read more
Burt v. Titlow, USSC No. 12-414, 11/5/13 United States Supreme Court decision, reversing Titlow v. Burt, 680 F.3d 577 (6th Cir. 2012) When a state prisoner asks a federal court to set aside a sentence due to ineffective assistance of counsel during plea bargaining, our cases require that the federal court use a “‘doubly deferential’” standard of review… Read more
State v. Richard P. Selenske, 2013AP1403-CR, District 3, 11/5/13; court of appeals decision (1-judge; ineligible for publication); case activity A dispute about a contract for the purchase of standing hay grew into a misdemeanor theft charge when Selenske, the farmer who owned the hay fields, would not let Kern, the farmer who purchased the hay… Read more
