seventh circuit decision Habeas Procedure – Appellate Jurisdiction Where a party has filed a timely notice of appeal to a judgment, and the district court subsequently enters an amended judgment nunc pro tunc (“now for then”) conforming language in the original judgment, an amended notice of appeal isn’t necessary to confer appellate jurisdiction: … The district court’s February… Read more
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State v. Lavon J. Ash, Sr., 2012AP381-CR, District 2, 8/15/12 court of appeals decision (1-judge, ineligible for publication); case activity Ash was sentenced to concurrent terms of one-year initial confinement, one-year extended supervision on two misdemeanor counts, a sentence structure he successfully challenges. Incompatible statutory mandates lie at the heart of the problem. In the first… Read more
Village of Oregon v. Jeremy Florin, 2011AP1708, District 4, 8/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Suspected of drunk driving, Florin was followed by a police officer to his home, ignored the officer’s command to stop, and went inside via an open garage. The officer entered the still-open garage, knocked on… Read more
Village of Jackson v. John W. Hespe, 2012AP680-FT, District 2, 8/15/12 court of appeals decision (1-judge, ineligible for publication); case activity “Unsafe,” but not necessarily “illegal” rate of speed supported traffic stop, State v. Anagnos, 2012 WI 64, 341 Wis. 2d 576, 815 N.W.2d 675, followed: ¶6 Here, Hespe contends that while the court found that… Read more
State v. Pierre R. Conner, 2012 WI App 105 (recommended for publication); case activity Interrogations – Miranda-Edwards Rule – Unequivocal Request for Counsel The issues on a request-for-counsel challenge to in-custody interrogation are whether the individual unequivocally invoked his right to counsel and, if so, whether he subsequently reinitiated questioning, Edwards v. Arizona, 451 U.S. 477, 484-85 (1981). Although the trial… Read more
State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion: ¶14 This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable. If, during a valid traffic stop, an… Read more
State v. Craig R. Moss, 2012AP259-CR, District 3, 8/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Terry stop of Moss’s car supported by reasonable suspicion of involvement in drug activity: ¶10 While patrolling a high crime area in the middle of the night, Steffens observed a vehicle stop briefly in front of a known drug house. When… Read more
State v. Yvette A., 2012AP548, District 1, 8/14/12 court of appeals decision (1-judge, not for publication); case activity Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric… Read more
