State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance… Read more
D. Waiver of issues/arguments
Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010) This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed… Read more
State v. Basil E. Ryan, Jr., 2012 WI 16, reversing 2011 WI App 21; case activity ¶32 We begin by addressing the circuit court’s application of the equitable doctrine of judicial estoppel. Judicial estoppel is intended “to protect against a litigant playing ‘fast and loose with the courts’ by asserting inconsistent positions” in different legal proceedings. State v… Read more
State v. Brian K. Little, 2011AP1740-CR, District 4, 1/26/12 court of appeals decision (1-judge, not for publication); for Little: Lane Fitzgerald; case activity The court rejects challenges to § 941.23, carrying concealed weapon, as facially violating the state and federal constitutional right to bear arms. (The statute presently allows concealed carry under specified circumstances, 2011 WI Act 35… Read more
State v. Christina L. Contizano, 2011AP477-CR, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Contizano: Robert C. Howard III; case activity At Contizano’s sentencing for obstructing, based on lying to the police about her daughter’s location, the trial court didn’t erroneously exercise discretion in allowing Contizano’s ex-husband to advocate as a “victim” of… Read more
on petition for review of published decision; case activity Issues (provided by court): Can a defendant be found guilty under the forfeiture statutes on the grounds of judicial estoppel where the defendant claims he made no statement to a prior court? Did the undisputed facts on the record establish that if judicial estoppel had not… Read more
State v. Deshon C. Matthews, 2011 WI App 92 (recommended for publication); for Matthews: Paul G. Bonneson; case activity Terry Stop – Reasonable Suspicion Reasonable suspicion supported stop of Matthews, when police on patrol saw him wearing a ski mask and hoodie late at night in a high-crime area near a woman who was walking away… Read more
Columbia County v. Fred A. Ederer, 2010AP2369, District 4, 5/12/11 court of appeals decision (1-judge, not for publication); for Ederer: John Smerlinski; case activity Ederer’s no contest plea waived his right to appeal suppression issue in this OWI-1st (therefore, civil) case. His reliance on County of Ozaukee v. Quelle, 198 Wis. 2d 269, 275-76, 542 N.W.2d 196… Read more
