State v. Dwain M. Staten, 2011AP916-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Staten: Michael J. Steinle; case activity Postconviction DNA Testing, § 974.07 Postconviction testing at state expense requires, among other things, that the defendant show a reasonable probability he wouldn’t have been prosecuted or convicted with exculpatory test results. Staten… Read more
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State v. William Martin, 2011AP2168, District 1, 5/8/12 court of appeals decision (not recommended for publication); pro se; case activity; prior history: unpublished decision (2007AP1293-CR) Because the record conclusively demonstrated that Martin wasn’t entitled to relief, State v. Love, 2005 WI 116, ¶26, 284 Wis. 2d 111, 700 N.W.2d 62, the circuit court properly denied… Read more
on review of summary order of court of appeals; for Mable K.: Brian C. Findley; case activity TPR – Final Order – Appellate Standing Issues (from Petition for Review): I. When a trial court grants partial relief on remand in a Termination of Parental Rights appeal, is further appeal precluded by the ordinary… Read more
Best Price Plumbing, Inc. v. Erie Insurance Exchange, 2012 WI 44; case activity ¶37 n. [11]: In State v. Ndina, 2009 WI 21, ¶29, 315 Wis. 2d 653, 761 N.W.2d 612, this court recognized that the terms “forfeiture” and “waiver” are often used interchangeably, but that the terms embody distinct legal concepts. Forfeiture is the failure to make the timely assertion of… Read more
State v. Herbert Ambrose Darden, 2011AP883-CR, District 4, 5/3/12 court of appeals decision (not recommended for publication); for Darden: Angela Conrad Kachelski; case activity Trial counsel correctly construed the holding of State v. Miller, 231 Wis. 2d 447, 460, 605 N.W.2d 567 (Ct. App. 1999): ¶16 This is not the first time that we have been asked to… Read more
County of Waukesha v. Thomas C. Groshek, 2011AP001371, District 2/4, 5/3/12 court of appeals decision (1-judge, not for publication); for Groshek: Thomas C. Simon; case activity ¶7 Deputy Smith was dispatched to a semi-rural area to investigate a report that a motorcycle had been involved in an accident at approximately 1:30 a.m., around “bar time,” in the vicinity… Read more
State v. Michael F. Hyzy, 2011AP2503-CR, District 2, 5/2/12 court of appeals decision (1-judge, not for publication); for Hyzy: Jefren E. Olsen, SPD, Madison Appellate; case activity Evidence held sufficient to uphold OWI guilty verdict, against argument of failure of proof that roadways of gated community were “held out to the public for use of… Read more
Jessica L. G. v. Gilbert G. J., III, 2011AP3000, District 2, 5/2/12 court of appeals decision (1-judge, not for publication); for Gilbert G.J.: Brian C. Findley; case activity Jessica sought termination of Gilbert’s parental rights to their child. They divorced shortly after the child was born in 1997, and Gilbert had had contact with the… Read more
