State v. Matthew J. Laughrin, 2011AP1600-CR, District 1, 6/12/12 court of appeals decision (not recommended for publication); case activity Laughrin, after pleading guilty to second-degree reckless homicide for providing a controlled substance (Suboxone) to someone who died after ingesting it, sought pre-sentencing plea-withdrawal on the basis of an expert’s report that Suboxone alone generally doesn’t cause death. The trial… Read more
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State v. Elbert H., 2012AP446 / State v. Stacee P., 2012AP169, District 1, 6/12/12 court of appeals decision (1-judge, ineligible for publication); for Elbert H.: Devon M. Lee, SPD, Madison Appellate; case activity; for Stacee P.: Gregory Bates; case activity The relevant agency’s responsibility to make a reasonable effort to provide court-ordered services encompasses post-petition activity… Read more
on review of petition for supervisory writ; for SPD: Joseph N. Ehmann, Kathleen A. Pakes; case activity Postconviction Reference to PSI Issue (Composed by On Point): Whether, before litigating a presentence report-related sentencing issue, postconviction counsel must obtain circuit court permission to “access, discuss, cite to, and quote from a PSI report.” Fall-out from State v. Parent, 2006… Read more
on review of certification request; for Leilani Neumann: Byron C. Lichstein; case activity; for Dale Neumann: Stephen L. Miller; case activity Reckless Homicide and “Faith Healing” as Substitute for Medical Treatment Issues (Composed by On Point): 1. Whether the “faith healing” defense in § 948.03(6) is limited to prosecutions for child abuse or extends to reckless homicide, § 940.06(1). 2… Read more
on review of published decision; for Novy: Bridget E. Boyle; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues: 1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating… Read more
on review of published decision; for: Sobczak: Andrew Hinckel, SPD, Madison Appellate; case activity Third-Party Consent Issues (Composed by On Point): Whether Sobczak’s girlfriend, a non-resident guest in his parents’ home, had authority to consent to police entry into the home and to search and seizure of Sobczak’s laptop. A mere guest ordinarily may not consent to a… Read more
State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
State v. Daniel Lee Rueden, Jr., 2011AP001034-CR, District 4, 6/7/12 court of appeals decision (not recommended for publication); for Rueden: Eileen A. Hirsch, Kaitlin A. Lamb, SPD; case activity Felon-in-possession, § 941.29, is not unconstitutional either facially or as applied in this instance; State v. Pocian, 2012 WI App 58, deemed controlling. ¶6 We need not discuss the specifics of… Read more
