State v. Alexander Velazquez-Perez, 2010AP001128-CR, District 1/4, 6/7/12 court of appeals decision (not recommended for publication); for Velazquez-Perez: David Leeper; case activity The court of appeals has authority to extend the deadline for filing a postconviction motion; Velazquez-Perez filed his motion within the deadline as extended by the court of appeals, and jurisdiction attached over appeal of… Read more
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MaryBeth Lipp v. Outagamie County Dept. of Health and Human Services, 2011AP152, District 3, 6/5/12 court of appeals decision (not recommended for publication); case activity Failure to decide a guardianship petition within the statutorily mandated 90 days of filing (§ 54.44(1)) caused the trial court to lose competency to proceed. Lack of objection didn’t waive… Read more
State v. Wayne P. Harris, 2012 wI App 79(recommended for publication); for Harris: Attorney Gary Grass; case activity We know that “[a] defendant has a due process right to be sentenced based on accurate information.” See State v. Tiepelman, 2006 WI 66, ¶9, 291 Wis. 2d 179, 717 N.W.2d 1 But what happens when the sentencing court relies… Read more
Question Presented (from cert petition): Whether, pursuant to Michigan v. Summers, 452 U.S. 692 (1981), police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed. Docket Lower court decision (652 F.3d 197 2nd Cir 2011)… Read more
seventh circuit court of appeals decision Habeas Review – Batson Claim The State’s pattern of peremptory strikes – at least 15, possibly 17, out of 20, directed at African-Americans – was so “disproportionate” as to “give[] rise to an inference of discrimination.” This is so, despite Harris limiting his challenges to 9 of these 17… Read more
Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Janeen J.C.: Katie R. York, SPD, Madison Appellate; case activity The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189… Read more
State v. Susan M. Thorstad, 2011AP2854-CR, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Thorstad: Charles W. Giesen; case activity Mistrial was granted after the arresting officer, in contravention of pretrial order, testified that this was Thorstad’s second OWI. However, the officer was unaware of the order, because the prosecutor had failed… Read more
court of appeals publication orders, 5/31/12 On Point posts from this list: 2012 WI App 55 State v. Shawn M. Klingelhoets 2012 WI App 58 State v. Thomas M. Pocian… Read more
