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Court of Appeals Publication Orders, 11/11

court of appeals publication orders, 11/29/11 On Point posts from this list: 2011 WI App 145 State v. Joel D. Rhodes 2011 WI App 146 State v. Scott R. Long 2011 WI App 147 State v. Kenneth M. Davis 2011 WI App 148 State v. Brian K. Avery 2011 WI App 149 J. K. v… Read more

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City of Waukesha v. James F. Murphy, 2010AP2499, District 1/2, 11/29/11 court of appeals decision (1-judge, not for publication); for Murphy: Leonard G. Adent; case activity The City obtained dismissal of a then-pending OWI-1st, after discovering that Murphy had an OWI-related conviction. (Per Walworth Cnty. v. Rohner, 108 Wis. 2d 713, 722, 324 N.W.2d 682… Read more

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State v. Tijuan L. Walker, 2010AP2587-CR, District 1, 11/29/11 court of appeals decision (not recommended for publication); for Walker: Matthew S. Pinix; case activity Walker was tried for and convicted of injury by intoxicated use of a vehicle, § 940.25(1)(a), after his car collided with DeAnn Braggs’. A form accompanying the post-accident test kit containing Braggs’ blood… Read more

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Dawn H. v. Pah-Nasa B., 2011AP1198, District 3, 11/29/11 court of appeals decision (1-judge, not for publication); for Pah-Nasa B.: Lora B. Cerone, SPD, Madison Appellate; case activity Given the proof of lack of parental responsibility as a ground for terminating Pah-Nasa’s rights, counsel’s failure to object to testimony about a fight between Pah-Nasa and his mother… Read more

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Question Presented (composed by Scotusblog):  Whether the Fifth and Sixth Amendment principles that this Court established in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, apply to the imposition of criminal fines. Scotusblog page Petitioner, a natural gas company, was found guilty by jury of one count of knowingly storing mercury without a permit, 42… Read more

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Question Presented (composed by Scotusblog):  Whether the Fair Sentencing Act of 2010 applies in an initial sentencing proceeding that takes place on or after the statute’s effective date if the offense occurred before that date. Hill: Scotusblog page; consolidated with Dorsey (lower court decision: United States v. Fisher, 635 F.3d 336 (7th Cir. 2011)) The Fair Sentencing Act… Read more

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Questions Presented (from Scotusblog):  1) Did the Seventh Circuit violate this Court’s precedent on harmless error when it focused its harmless error analysis solely on the weight of the untainted evidence without considering the potential effect of the error (the erroneous admission of trial counsel’s statements that his client would lose the case and should plead… Read more

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Melissa M. Hines v. Daniel K. Resnick, M.D., 2011 WI App 163 (recommended for publication); case activity The requirement in  § 893.82(5)  that a notice of claim against a state employee must be “served upon the attorney general at his or her office in the capitol by certified mail” is satisfied “by certified mail addressed to… Read more

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