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Jackson Co. DHS v. Robert H., 2011AP2783, District 4, 7/17/12 court of appeals decision (1-judge, ineligible for publication); case activity Both federal and state Indian Child Welfare Acts require that termination of parental rights to an Indian child be supported by testimony of a qualified expert witness “that the continued custody of the child by the parent or Indian… Read more

State v. Brandon M. Melton, 2012 WI App 95, WSC review granted 11/14/12(recommended for publication), supreme court review granted 11/14/12; case activity Under “unique facts,” the circuit court possessed inherent authority to order destruction of a PSI: the PSI contained uncharged offenses irrelevant to sentencing whose inclusion was improper under DOC rules; and, though sealed, it coexisted with a second… Read more

State v. Diane C. Parker, 2012AP245-CR, District 4, 7/12/12 court of appeals decision (1-judge, ineligible for publication); case activity  ¶13      Applying these standards to the facts here, this court agrees with the circuit court that the deputy reasonably suspected Parker of criminal activity.  In particular, this court focuses on the following facts as supporting reasonable suspicion:  Parker’s vehicle… Read more

State v. Michael L. Frey, 2012 WI 99, affirming unpublished decision; case activity Sentencing Discretion – Reliance on Dismissed Charge  The sentencing court may consider charges “dismissed” or “dismissed outright” (as opposed to read-ins) ¶47  To discharge its obligation to discern a defendant’s character, “[a] sentencing court may consider uncharged and unproven offenses,” State v. Leitner, 2002 WI 77, ¶45, 253… Read more

State v. David W. Stevens, 2012 WI 97, affirming unpublished decision; case activity Miranda-Edwards Rule – Invocation of Counsel, Initiation of Contact by Suspect Where an in-custody suspect invokes his right to counsel and interrogation immediately ceases, but the suspect himself then initiates a request to continue the interrogation, the police may proceed with questioning if fresh Miranda warnings are given and validly waived. Edwards v… Read more

State v. Randy L. Martin, 2012 WI 96, reversing unpublished decision; case activity Miranda – “Custodial Interrogation”   Martin was arrested for disorderly conduct and handcuffed at the scene of an otherwise unrelated incident (¶6, id. n. 6). Search of his car yielded a gun. When an officer asked him, Martin denied ownership. The officer then prepared to arrest Henry… Read more

State v. Joseph J. Spaeth, 2012 WI 95, on certification; case activity Probationer’s statement, compelled by rules of his supervision, is covered by derivative as well as use immunity in a criminal prosecution. ¶3   We hold that the statement that Spaeth made to Oshkosh police was derived from the compelled, incriminating, testimonial statement that he made to his… Read more