State v. Tiffany Michelle Flowers, 2011AP1757-CR, District 1, 12/13/11 court of appeals decision (1-judge, not for publication); for Flowers: Daniel A. Necci; case activity Conviction for carrying a concealed weapon (gun in a purse, in a car), § 941.23, upheld against second amendment challenge to facial validity. Court rejects strict scrutiny test. (The statute was amended… Read more
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State v. William A. Grantham, 2010AP2693-CR, District 3, 12/13/11 court of appeals decision (not recommended for publication); for Grantham: Peter C. Rotter; case activity Search warrant, for thermal imaging device use against residence, passes muster even if labeled “order.” ¶5 Grantham acknowledges that our supreme court has concluded, “An order meeting the parameters of a search… Read more
Hardy v. Irving L. Cross, USSC No. 11-74, 12/12/11, reversing Cross v. Hardy, 7th Cir No. 09-1666 The Seventh Circuit grant of habeas relief, on the ground “the state failed to demonstrate that it employed good faith efforts to locate the complainant” before declaring her “unavailable” and allowing her prior testimony to be read to… Read more
State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court… Read more
Dane Co. DHS v. Lee H., 2011AP1138, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Lee H.: Theresa J. Schmieder; case activity The trial court did not err in directing answers to special verdict questions with respect to two elements of grounds for terminating parental rights (existence of order containing TPR notice placing… Read more
State v. John R. Nelson, 2011AP125-CR, District 2, 12/7/11 court of appeals decision (1-judge, not for publication); for Nelson: John A. Nelson; case activity The officer’s observation that Nelson’s vehicle intruded “somewhat into the intersection” before stopping provided reasonable suspicion for a stop-sign violation, § 346.46(1). The stop wasn’t unnecessarily prolonged by summoning a drug… Read more
on review of unpublished decision; for Cain: Faun M. Moses, SPD, Madison Appellate; case activity; prior post Guilty Plea Procedure – Defendant’s Denial of Element / Manifest Injustice Issues (composed by On Point): 1. Whether, if a defendant at the guilty-plea proceeding explicitly denies the existence of an elemental fact, the trial court must decline to accept… Read more
Nielsen sanction after show cause (summary order, not citable), on remand from State v. Nielsen, 2011 WI 94 Sanction for Incomplete Brief Appendix The appellant’s brief argued that the circuit court failed to fulfill the mandate articulated in State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, to explain the rationale for… Read more
