State v. Cecil Lennel Hudson, 2012AP702-CR, District 1, 11/27/12 court of appeals decision (1-judge, ineligible for publication); case activity Hudson isn’t entitled to credit against his new (disorderly conduct) sentence because it runs consecutive to his old (ES-revocation) sentence: ¶9 At the time of Hudson’s plea and sentencing hearing on the disorderly conduct charge, Hudson’s trial… Read more
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State v. Joel Steinhauer, 2012AP189-CR, District 3, 11/27/12 court of appeals decision (not recommended for publication); case activity When the State fails to articulate the specific other acts testimony it seeks to adduce, the trial court acts within its discretion in ruling the testimony inadmissible without performing the 3-step analysis of State v. Sullivan, 216 Wis. 2d 768… Read more
State v. Tony J. Lalicata, 2012 WI App 138 (recommended for publication); case activity Probation is not an available disposition under § 948.02(1)(b) (child sexual assault). By mandating that “the court shall impose a bifurcated sentence” with a confinement portion of at least 25 years for that offense, § 939.616 forecloses the possibility of probation: ¶14 … We… Read more
La Crosse Co. DHS v. Kristle S., 2012AP2005, District 4, 11/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The parent was given a meaningful opportunity to cross-examine the social worker with respect to conditions for the children’s return, in that the trial court permitted extensive questioning on these issues before instructing counsel to pursue a different… Read more
Elliot D. Ray v. Clements, 7th Cir No. 11-3228, 11/19/12 seventh circuit decision, appeal following remand in 592 F.3d 793 (7th Cir 2010) (summarized in prior post) … (W)e hold that in cases where the pro se prisoner’s post-conviction motion is not received, the petitioner must submit a sworn statement and some evidence to support his claim… Read more
State v. Bradley S. Johnson, Outagamie Co. Circ. Ct. No. 12CM495 circuit court decision; case activity Panhandling prosecution under § 947.02(4) is dismissed with prejudice because the vagrancy statute is unconstitutional under first amendment analysis: panhandling (“begging”) is a form of protected speech and its criminalization under § 947.02(4) is fatally vague and overbroad. State v. Starks, 51 Wis.2d 256… Read more
State v. Calvin L. Brown, 2012 WI 139 (recommended for publication); case activity A guilty plea colloquy need not include an explanation of ptac liability when the defendant directly committed the crime: ¶13 … Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was “concerned” in… Read more
County of Shawano v. Justin R. Buntrock, 2012AP997, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity A court lacks inherent authority to order an in-state defendant to appear personally at a forfeiture trial, and therefore may not default such a defendant who appears by counsel at trial. City of Sun Prairie… Read more
