Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 43 (Justice Roggensack); case activity ¶1 On April 17, 2012, Justice David T. Prosser’s Attorney, Kevin P. Reak, wrote and asked me to disqualify myself from participation in the above-captioned matter, asserting that I am a material witness. … ¶2 … I… Read more
admin
State v. John E. Meddaugh, 2011AP237-CR, District 1, 5/1/12 court of appeals decision (1-judge; not for publication); for Meddaugh: Theodore Perlick Molinari; case activity ¶9 Based on the totality of the circumstances, we agree with the circuit court that Sturino put forth specific, articulable facts which warranted the stop when considered with the inferences from those… Read more
State v. Timothy D. Moseley, 2011AP892-CR, District 1, 5/1/12 court of appeals decision (not recommended for publication); for Moseley: Michael J. Steinle; case activity Moseley’s contention, that he qualified his written consent to search with an oral limitation, was rejected by the trial court as a matter of credibility; that finding of fact is now… Read more
State v. Thaying Lor, 2011AP2019-CR, District 1, 5/1/12 court of appeals decision (not recommended for publication); for Lor: Benjamin F. Gallagher; case activity Effective Assistance of Counsel Counsel did not provide ineffective representation in the following respects: Failure to timely file motion seeking admission of complainant’s prior untruthful allegation of sexual assault. However, Lor did… Read more
State v. Allen K. Umentum, 2011AP2622-CR. District 3, 5/1/12 court of appeals decision (1-judge, not for publication); for Umentum: Roberta A. Heckes; case activity Under a local, Brown County “standing order,” all in-custody defendants appearing at jury trial were required, without particularized demonstration of need, to wear a non-visible stun belt. The courthouse had no screening checkpoints… Read more
Trempealeau County v. Charles O., 2011AP2794, District 3, 5/1/12 court of appeals decision (1-judge, not for publication); for Charles O.: William E. Schmaal, SPD, Madison Appellate; case activity The court rejects Charles O.’s argument that the evidence fell short of the “fifth-standard” showing of dangerousness, § 51.20(1)(a)2.e., State v. Dennis H., 2002 WI 104, ¶14, 255 Wis… Read more
State v. Elizabeth M., 2012AP454, District 1, 5/1/12 court of appeals decision (1-judge, not for publication); for Elizabeth M.: Jeffrey W. Jensen; case activity The court rejects Elizabeth M.’s argument that the trial court erroneously exercised discretion in favor of terminating of parental rights: ¶30 Basically, Elizabeth M. argues for a second chance. She testified that she now… Read more
court of appeals certification, review granted, 6/13/12; 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 Convicted of reckless homicide, § 940.06(1), in the death of their daughter for failing to obtain medical treatment, the Neumanns raise various issues relating to… Read more
