Carlos Trevino v. Thaler, USSC No. 11-10189, 5/28/13 United States Supreme Court decision, vacating and remanding 449 Fed. Appx. 145 (5th Cir. Nov. 14, 2011) Last term in Martinez v. Ryan, 132 S. Ct. 1309 (2012), a case arising out of Arizona, the Court held that where a state’s rules of appellate procedure allowed a state… Read more
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Question presented: Whether the offense of aiding and abetting the use of a firearm during and in relation to a crime of violence or drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A) and 2, requires proof of (i) intentional facilitation or encouragement of the use of the firearm, as held by the First… Read more
State v. Vicente Paul Vento, 2012AP1763-CR, District 1, 5/21/13; court of appeals decision (not recommended for publication); case activity Invoking its discretionary reversal power, the court of appeals holds Vento is entitled to a new trial in the interests of justice on the issue of his mental responsibility under Wis. Stat. § 971.15 because the trial court… Read more
Winnebago County v. Gina A.R., 2013AP226, District 2, 5/22/13; court of appeals decision (1-judge; ineligible for publication); case activty The court rejects Gina A.R.’s claim that the evidence at the final hearing was insufficient to show she is mentally ill, a proper subject for treatment, and dangerous, noting that much of her argument discusses facts… Read more
State v. Tammy S. Camden, 2012AP1451, District 4, 5/23/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court concluded a driver’s speeding was legally justified after accepting her testimony that she exceeded the speed limit in order to get away from a vehicle following in close proximity and copying her every… Read more
Langlade County DSS v. Michael P., 2013AP385, 2013AP386, & 2013AP387, District 3, 5/21/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2013AP385; 2013AP386; 2013AP387 Sufficiency of evidence Based on the entire record of the fact-finding hearing, the court of appeals concludes there was sufficient evidence that Michael P. failed to assume parental responsibility… Read more
State v. Marquese H., 2013AP565, 2013AP566, & 2013AP567, District 1, 5/21/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2013AP565; 2013AP566; 2013AP567 The circuit court properly exercised its discretion in terminating Marquese H.’s parental rights because it considered the factors under § 48.426(1). The court rejects Marquese’s specific claim that the circuit court erred… Read more
Loren H. Laufman v. North Central Power Co., Inc., 2012AP2116, District 3 (per curiam; not eligible for publication or citation). Normally, On Point would not trouble its readers with a per curiam decision involving insurance coverage issues. This one, however, penalizes parties for violations of Wisconsin’s Rules of Appellate Procedure, so appellate lawyers of all… Read more
