County of Sheboygan v. Kenneth E. Mauser, 2011AP2153, District 2, 2/29/12 court of appeals decision (1-judge, not for publication); for Mauser: Chad A. Lanning; case activity Failure to dim high-beam headlights, along with weaving within and outside the traffic lane, provided grounds for a traffic stop. ¶10 The circuit court properly looked to the totality of… Read more
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State v. Timothy Jon Eloe, 2011AP1970-CR, District 2, 2/29/12 court of appeals decision (1-judge, not for publication); for Eloe: John C. Orth; case activity ¶5 To be sufficient, a criminal complaint need only be minimally adequate in setting forth essential facts establishing probable cause. State v. Adams, 152 Wis. 2d 68, 73, 447 N.W.2d 90 (Ct. App… Read more
court of appeals publication orders, 2/29/12 On Point posts from this list: 2012 WI App 14 State v. Demian Hyden McDermott 2012 WI App 15 State v. Anrietta M. Geske 2012 WI App 21 State v. James Lee Johnson 2012 WI App 25 State v. Dylan S. / Renee B… Read more
State v. Basil E. Ryan, Jr., 2012 WI 16, reversing 2011 WI App 21; case activity ¶32 We begin by addressing the circuit court’s application of the equitable doctrine of judicial estoppel. Judicial estoppel is intended “to protect against a litigant playing ‘fast and loose with the courts’ by asserting inconsistent positions” in different legal proceedings. State v… Read more
State v. Miller X. Lark-Holland, 2011AP791-CR, District 1, 2/28/12 court of appeals decision (not recommended for publication); for Lark-Holland: Byron C. Lichstein; case activity ¶7 Lark-Holland’s first complaint is that his trial lawyer did not emphasize the mitigating factor that he said he was forced into committing the robbery, and also made several comments that he… Read more
State v. Juan Angel Orengo, 2011AP137, District 1, 2/28/12 court of appeals decision (not recommended for publication); for Orengo: Robert R. Henak; case activity Counsel’s failure to attempt severance, from a drug charge, of a felon-in-possession-of-weapon count, didn’t amount to ineffective assistance. ¶8 Wisconsin law recognizes that guns and drug dealers go together. See State v. Guy, 172 Wis. 2d 86… Read more
David M. Siegel, “What (Can) (Should) (Must) Defense Counsel Withhold from The Prosecution in Ineffective Assistance of Counsel Proceedings?,” The Champion, Vol. 18, No. 35, December 2011 Must-read exegesis of ABA Formal Opinion 10-456, for anyone litigating, or on the business end of, an ineffective-assistance claim. Some highlights: “The attorney-client privilege and the obligation of… Read more
on review of published opinion; for Avery: Keith A. Findley, Tricia J. Bushnell; case activity; prior post Newly Discovered Evidence / Interest of Justice – New Forensic Method Issues (composed by On Point): 1. Whether new scientific photogrammetric analyses by expert witnesses, indicating that the suspect in video surveillance was shorter than Avery, entitles him to a new… Read more
