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County of Fond du Lac v. Nancy C. Bush, 2012AP1486, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Under the implied consent law, a motorist must, when properly requested to submit to a chemical test, answer “promptly,” State v. Neitzel, 95 Wis. 2d 191, 205, 289 N.W.2d 828 (1980), else failure… Read more

State v. Daniel Buchanan, 2011AP830-CR, District 1, 10/30/12 court of appeals decision (not recommended for publication); case activity Hearsay – Prior Consistent Statement, § 908.01(4)(a)2 The prior-consistent statement rule allows substantive admissibility of an out-of-court statement if: “(1) the declarant testifies at trial and is subject to cross-examination concerning the statement; (2) the statement is consistent with the declarant’s… Read more

State v. Michael C. Christofferson, 2012AP571-CR, District 3, 10/30/12 court of appeals decision (1-judge, ineligible for publication); case activity The officer didn’t develop probable cause (for OWI arrest; Christofferson was getting out of his car when the officer first saw him) until after illegal entry of the attached garage, therefore the ensuing arrest was unlawful… Read more

Question Presented: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) contains a one-year statute of limitations for filing a habeas petition. In Holland v. Florida, 130 S. Ct. 2549, 2562 (2010), this Court affirmed that a habeas petitioner is entitled to equitable tolling of that one-year period “only if he shows: (1) that… Read more

seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009) A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an… Read more

court of appeals decision (1-judge, ineligible for publication); case activity State v. Andrew Wheaton, 2012AP173-CR Reasonable Suspicion – OWI Presence of the following factors establish reasonable suspicion to stop Wheaton for impaired driving: ¶23      The State points to the following as factors that produced an objectively reasonable suspicion of impaired driving at the time of the stop:  (1) Wheaton… Read more

State v. Randall Lee Sugden, 2012AP408-CR, District 4, 10/15/12 court of appeals decision (1-judge, ineligible for publication); case activity Arrest in Richland County by a Sauk County deputy sheriff was justified under the fresh pursuit doctrine, § 175.40(2). State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, discussed and applied: ¶12      Applying Haynes to the facts… Read more