State v. Antonio Darnell Mays, 2022 WI App 24; case activity (including briefs) Mays was accused of forcing his way into an apartment with and firing a gun at at least one of its occupants. One occupant fired back; in the end, two people were dead. The state initially charged Mays with, among other things… Read more
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State v. Teresa L. Clark, 2022 WI 21, 4/20/22, reversing the circuit court on bypass, case activity (including briefs) A defendant may collaterally attack a prior OWI conviction if she was not represented by counsel and did not knowingly, intelligently, and voluntarily waive the right to counsel during that proceeding. Once she points to evidence… Read more
Sheboygan County DH&HS v. E.C., 2021AP1655, 4/20/22, District 2; (1-judge opinion, ineligible for publication); case activity While “Nina” was married to “John,” she became pregnant with “Eric’s” baby. A court found the baby to be a “child in need of protective services” and gave the standard TPR warning to Nina, but not to Eric. Afterward… Read more
State v. Bradley C. Burgess, 2021AP1067-CR, District 4, 4/21/22 (not recommended for publication); case activity (including briefs) A traffic stop should last only as long as necessary for the police to complete the “mission” of investigating the traffic infraction that justified the stop, including ordinary inquiries incident to the stop. Rodriguez v. U.S., 575 U.S. 348… Read more
Waukesha County v. E.B.V., 2021Ap1910, District 2, 4/20/22 (one-judge decision; ineligible for publication); case activity The circuit court granted the County’s motion to dismiss the truancy petition filed against E.B.V. because E.B.V. was no longer truant and, after initially contesting the facts of the petition, he entered into a consent decree. J.C.V., one of E.B.V.’s… Read more
State v. S.J., 2022AP160, 4/19/22, District 2 (1-judge opinion, ineligible for publication); case activity “Sharon” pled “no contest” to being an unfit parent, and then the circuit court held that it was in “Danielle’s” best interests to terminate Sharon’s parental rights so that Danielle’s paternal aunt could adopt her. Sharon appealed that decision arguing that… Read more
State v. Percy Antione Robinson, 2020AP1728-Cr, certification filed 4/19/22, District 1; case activity (including briefs) Whether Milwaukee County’s CR-215 procedure for determining probable cause triggers an accused’s 6th Amendment right to counsel for any subsequent “critical stage” of the legal proceeding? This issue should sound very familiar to On Point readers. It first arose in… Read more
State v. Garland Dean Barnes, 202AP226-CR, petition for review of a per curiam opinion granted 4/15/22; affirmed 6/6/23; case activity (including briefs) Questions Presented: Can a defendant open the door to testimonial hearsay violating his confrontation rights, and which was excluded based on an egregious discovery violation, by challenging the quality of the police investigation? Can… Read more
