on review of unpublished decision; case activity Issues (composed by on Point) 1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible… Read more
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court of appeals publication orders, 9/27/12 On Point posts: 2012 WI App 99 State v. Michael Anthony Lock 2012 WI App 101 State v. Mark M. Benson 2012 WI App 103 State v. Cody A. Gibson 2012 WI App 104 State v. Jason M. Jacobs 2012 WI App 105 State v. Pierre R. Conner… Read more
State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12 court of appeals decision (1-judge, ineligible for publication); case activity Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable: ¶3 It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law. State v. Longcore, 226 Wis. 2d 1… Read more
Buffalo County Department of Health & Human Services v. Jennifer C., 2012AP1564, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Though not “independently admissible,” a long list of damaging items related to Jennifer’s background (such as theparent’s father’s sexual abuse of his daughters, and Jennifer’s own emotional and sexual abuse by… Read more
State v. Mark E. Johnson, 2011AP2673-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Cross-examination of Johnson, on trial for possession of marijuana and bail jumping, as to his marijuana use was proper, but as to his use of cocaine (eliciting an admission) was reversible error: ¶10 Johnson concedes that, after… Read more
State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”: ¶10 Wisconsin Stat. § 346.89… Read more
Question Presented: Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Docket Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012)) Scotusblog page Does the evanescent quality… Read more
State v. William R. Hartman, 2011AP622, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed: ¶14 Accordingly, we reject the State’s… Read more
