on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity Sentencing Discretion – Reliance on Dismissed Charge Issue (composed by On Point): Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.” Frey was charged with sexually assaulting two girls. Both testified at the… Read more
admin
court of appeals publication orders, 12/14/11 On Point posts from this list: 2011 WI App 156 State v. Forrest Andre Saunders 2011 WI App 157 State v. Jamie L. Salonen 2011 WI App 163 Melissa M. Hines v. Daniel K. Resnick, M.D. 2011 WI App 164 State v. Michael T. Ziller … Read more
State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206 Evidence – Prior Inconsistent Statements Evidence of complainant KAC’s statements made during an alleged sexual assault were… Read more
on certification by-pass of court of appeals; for Ziegler: Christopher William Rose; case activity; prior post Interfering with Custody, § 948.31(2) Issue (from Certification): In State v. Bowden, 2007 WI App 234, 306 Wis. 2d 393, 742 N.W.2d 332, we analyzed Wis. Stat. § 948.31(2), which deals with criminal charges for interference with custody of children. There, we stated that withholding custody of a child “addresses… Read more
County of Calumet v. Daniel A. Ryan, 2011AP490, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Ryan: John M. Carroll; case activity Officers, investigating a one-car accident, approached Ryan’s home, knocked on his door and “(a)fter several minutes of ‘back and forth,’ Ryan came out of his residence” (admittedly “voluntarily”). Subsequent… Read more
State v. Brian S. Wold, 2011AP1518-CR, District 2, 12/14/11 court of appeals decision (1-judge, not for publication); for Wold: Patrick A. Dewane, Jr.; case activity Report from a named, citizen informant that a particular vehicle was “driving all over the roadway” was sufficiently reliable to support traffic stop for OWI, even though after spotting the vehicle, the… Read more
on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post Miranda – “Interrogation” Issue (composed by On Point): Whether an exchange between Martin and an officer was the functional equivalent of “interrogation” so as to require interrogation. The facts, very briefly, as taken from the court of appeals’ decision: Martin was under arrest… Read more
State v. Todd A. Schreiber, 2011AP1191-CR, District 1, 12/13/11 court of appeals decision (1-judge, not for publication); for Schreiber: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity Lane deviations provided reasonable suspicion for traffic stop. ¶9 In applying these standards, we agree with the circuit court that Grunwald had sufficient reasonable suspicion to stop Schreiber. Grunwald testified… Read more
