State v. Jan P. Hogan, 2012AP966-CR, District 4, 10/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Reasonable suspicion supported stop of car displaying “dealer imitation” plate (i.e., failing to display permanent or temporary plate in violation of § 341.04(1)). State v. Griffin, 183 Wis. 2d 327, 333, 515 N.W.2d 535 (Ct. App. 1994) (OK to… Read more
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State v. Robert J. Jacobson, 2011AP581, District 2/3, 10/24/12 court of appeals decision (not recommended for publication); case activity; prior history: 2003AP2023-CR (direct appeal), 2005AP1928 (Knight petition) Jacobson was convicted after jury trial on three counts of attempted homicide. He undertook an unsuccessful direct appeal, followed by a “Knight” habeas petition (the latter arguing that appellate… Read more
State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT… Read more
State v. Ronald W. Lichty, 2012 WI App 129(recommended for publication); case activity Lichty pleaded no contest pursuant to plea bargain which allowed, due to a good-faith mistake, the State to recommend a period of extended supervision that exceeded the permissible maximum by one year. The error was discerned prior to sentencing, where the State reduced its… Read more
seventh circuit decision, denying habeas relief in 641 N.E.2d 371 (Ill. 1994) and 521 N.E.2d 38 (1988) Habeas Review – 6th Amendment Attachment of Counsel – State Court Findings The Seventh Circuit rejects, on habeas review of his Illinois conviciton, Thompkins’ challenge to admissibility of his statement. Thompkins made his statement after his arrest and, according to the state court, before… Read more
State v. Terry E. Nelson, 2012AP1418-CR, District 3, 10/23/12 court of appeals decision (1-judge, ineligible for publication); case activity Reasonable suspicion supported stop of vehicle pulling out of driveway of house from which, shortly before, someone had called 911 but then hung up. United States v. Cohen, 481 F.3d 896 (6th Cir. 2007) (“the virtually complete lack of… Read more
on review of unpublished decision; case activity Issue (composed by On Point) Whether, after asserting his right to counsel, Lonkonski initiated further communication with the police so as to allow admissibility of his ensuing statement, Edwards v. Arizona, 451 U.S. 477, 483-85 (1981). There may be a threshold dispute as to whether Lonkoski was in custody… Read more
on review of published decision; case activity Issues (composed by On Point): 1. Whether the evidence is sufficient to sustain conviction for conspiracy-theft by fraud, in that: no conspirator expressly made a false representation; and in any event, Steffes joined the conspiracy after it had already been set in motion. 2. Whether the evidence is sufficient to sustain… Read more