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State v. Andrew J. Wirth, 2012AP208-CR, District 4, 2/21/13; court of appeals decision (not recommended for publication); case activity Wirth was charged with the shooting deaths of two people outside a bar. He claimed self defense. The trial court allowed evidence that Wirth engaged in a confrontation earlier in the evening at a different bar… Read more

Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) the parent has shown a… Read more

Much has changed since that last time you read On Point.  Defying all expectations, long-time beat reporter Bill Tyroler has actually retired.  After writing some 5,000 case summaries and On Point posts between 1995 and 2013, who could blame him? Fear not, staff and private bar attorneys.  The State Public Defender will continue to help… Read more

State v. Jonathan A. Herr, 2013 WI App 37; case activity In a case arising from a high-speed chase and subsequent arrest for OWI, the court holds that the use of unreasonable force to arrest the defendant does not require the suppression of evidence that was not a product of, or causally related to, the… Read more

Review of unpublished summary disposition; case activity Issues (composed by SCOW): (1) Does Wisconsin recognize the “mature minor doctrine,” a common law rule providing that a minor may consent or refuse to cosent to medical treatment upon a showing of maturity, intelligence and sufficient understanding of the medical condition and treatment alternatives? (2) Does Wisconsin… Read more

State v. Edward C. Lefler, 2013 WI App 22; case activity Probable cause found to search trunk of vehicle for evidence of burglary-related crimes, after an indisputably lawful stop for drunk driving: ¶11      …  “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its… Read more

State v. Adam W. Gilmour, 2011AP878-CR, District 2, 6/20/12 court of appeals decision (not recommended for publication); case activity The trial court’s rejection, as lacking credibility, Gilmour’s claim that his acceptance of a deferred prosecution agreement was coerced by financial considerations (in that he had been unable to afford the costs associated with jury trial) is… Read more