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State v. Deandre J. Bernard, 2012AP750-CR, District 4, 10/17/13; court of appeals decision (not recommended for publication); case activity Trial counsel’s failure to impeach witness with mental health condition was not prejudicial Trial counsel was not ineffective for failing to impeach the credibility of a witness who testified that Bernard told her “I think I… Read more

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Friday frivolities!

How about a break from all of the serious posts on the latest appellate decisions? Today On Point brings you links to the far-fetched and funny fringes of the law!   What happens when a juror (who also happens to be a lawyer) flips the bird at the defendant?  Find out here. Can lawyers smoke pot in… Read more

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Review of a published court of appeals decision; case activity Issue  (composed by the State’s petition for review) In determining the legality of a vehicle stop under the Fourth Amendment, did the court of appeals properly conclude that a tail lamp that is sixty-six percent functional is in “good working order” as required under Wis… Read more

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Review of published court of appeals decision; case activity Issue (composed by On Point) Was Nellessen entitled to an in camera review under Wis. Stat.§ 905.10(3)(b) to determine whether an informant may be able to give testimony necessary to a fair determination of the issue of guilt or innocence, when the defendant claims she was unaware there… Read more

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Review of unpublished court of appeals decision; case activity Issue (composed by On Point) Was Vogt seized for purposes of the Fourth Amendment when a police officer pulled up behind Vogt’s parked car, approached the car, rapped on the driver’s window, and directed Vogt to roll the window down? Petitions for review aren’t available on… Read more

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State v. Michael L. Cramer, 2012AP2547; District 1; October 15, 2013 (not recommended for publication); case activity A jury convicted Cramer of 1st-degree reckless homicide for the death of his 10-week old son.  Both the Milwaukee County medical examiner and the attending physician testified for the State at trial. In their opinions, the baby died… Read more

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Questions presented: 1.  Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a fact “material to the lawfulness of the sale” of the firearm under 18 U.S.C. § 922(a)(6)? 2.  Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a piece… Read more

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State v. Deborah A. Nixon, 2013AP822-CR, District 2, 10/16/13; court of appeals decision (1-judge; ineligible for publication); case activity Nixon was at the home of a friend who called the police because Nixon was being disorderly and wouldn’t leave; Nixon did leave for a while, but when she returned her friend called police again, who… Read more

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