admin

State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.”  ¶17      Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any… Read more

Samex 1, LLC v. Bruce Buschman, 2011AP2634, District 1, 6/26/12 court of appeals decision (1-judge, ineligible for publication) ¶2 n. 1: If this appeal were not moot, our resolution of the appeal would have been difficult, if not impossible, because the transcript is not very helpful; there are more than two-dozen instances of “(Indiscernible)” or “(indiscernible)” in… Read more

State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶19      Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls.  Hoff did not awake to Gostovich’s shouting or knocking.  When he finally awoke, he was… Read more

Sandy Williams v. Illinois, USSC No. 10-8505, 6/18/12, affirming People v. Williams, 238 Ill. 2d 125, 939 N.E. 268 A split Court (4-1-4) upholds against Confrontation objection, admissibility of expert testimony that a DNA profile, produced by a different lab, matched Williams’ profile. Because the rationale favoring admissibility doesn’t earn a clear majority of votes, the opinion… Read more

State v. Willie H. Jackson, 2012 WI App 76 (recommended for publication); case activity § 973.048(1m) (2003-04) authorizes the sentencing court to require sex offender registration under § 301.45 for conviction of enumerated crimes, “if the court determines that the underlying conduct was sexually motivated as defined in s. 980.01(5)” and public protection would be advanced thereby. (“Sexually… Read more

Marquette County v. Carl G. Culver, 2011AP1523, District 4, 6/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The police had probable cause to arrest Culver, the driver in a one-car accident, given the smell of intoxicants on his breath and his “inconsistent answers” to questions about the accident: ¶13      We conclude, under the totality of… Read more

State v. Nathan J. Meinhardt, 2012 WI App 82 (recommended for publication); case activity Amendments to § 973.015(1)(a) (2009-10), which expanded the offender’s age-ceiling and the eligible pool of offenses, doesn’t apply retroactively. ¶3        The determinative issue in this case is whether the circuit court has the authority to apply the amended version of Wis. Stat.§ 973.015(1)(a) retroactively to Meinhardt’s… Read more