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Question Presented:  Whether a habeas petitioner’s claim has been “adjudicated on the merits” for purposes of 28 U.S.C. § 2254(d) where the state court denied relief in an explained decision but did not expressly acknowledge a federal-law basis for the claim. Scotusblog page The Court expressly limited the grant to the procedural issue recited above… Read more

State v. Joseph J. Wilcenski, 2013 WI App 21; case activity Conditions of pre-trial release – alcohol treatment and testing; constitutionality Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they… Read more

State v. Mercedes S., 2012AP1524, District 2, 1/16/13 Court of appeals decision (1 judge, ineligible for publication); case activity Delinquency — sanctions for violation of disposition order — exercise of discretion Imposition of additional period of secure detention upheld, against challenge that the court did not consider other options and, contrary to State v. Ogden, 199 Wis… Read more

State v. James W. Warren, 2012AP1727-CR, District 2, 1/16/13 Court of appeals decision (1 judge, not eligible for publication); case activity OWI — admissibility of opinion based on field sobriety tests Police officer testimony that, based on his training and experience, “the field tests are a reliable indicator of whether someone is .08 or higher”… Read more

State v. Kenney Wayne Madlock, 2012AP1439-CR, District 1, 1/15/13 Court of appeals decision (1-judge; not eligible for publication); case activity Violating domestic abuse injunction — Sufficiency of the evidence The evidence was sufficient to support conviction at a bench trial for violating an injunction that required Madlock to avoid the residence of T.M., who had… Read more

Barron County v. Tara H., 2012AP2390, District 3, 1/15/13 Court of appeals decision (1-judge, ineligible for publication); case activity TPR — Exercise of discretion in determining disposition The circuit court erroneously exercised its discretion by failing to consider one of the six factors under § 48.426(3)–specifically, whether the child had a substantial relationship with Tara or… Read more

State v. Antonio D. Brown, 2013 WI App 17, petition for review granted 10/15/13; case activity Police lacked probable cause to stop Brown for a defective tail lamp, § 347.13, based on one unlit bulb (out of four) in the tail lamp assembly: ¶19 The parties agree with the circuit court’s finding that the police… Read more