Loren H. Laufman v. North Central Power Co., Inc., 2012AP2116, District 3 (per curiam; not eligible for publication or citation). Normally, On Point would not trouble its readers with a per curiam decision involving insurance coverage issues. This one, however, penalizes parties for violations of Wisconsin’s Rules of Appellate Procedure, so appellate lawyers of all… Read more
d. Undeveloped argument
State v. Leshurn Hunt, 2010AP2516, District 4, 5/16/13 (not recommended for publication); case activity Issue: Was defendant’s decision not to testify at trial knowing, intelligent and voluntary on the grounds that; (a) the court conducted a defective colloquy; (b) the defendant was coerced to waive his right to testify; and (c) the defendant received ineffective… Read more
State v. Danny F. Anton, 2012AP1165-CR, District 2, 4/23/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel In a fact-specific discussion that precludes summary here, the court of appeals holds Anton’s trial attorney was not ineffective for: failing to object to testimony about telephone calls between Anton and a… Read more
State v. Bryant A. Preinfalk, 2012AP2060-CR, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication); case activity The stop of Preinfalk’s car was lawful because in light of observations made by the officer, the anonymous tip provided reasonable suspicion to conclude the car was occupied by persons who had been involved in a fight… Read more
State v. Nicholas M. Gimino, 2012AP1498-CR, District II/IV, 3/7/13 (unpublished); case activity. While this decision is not recommended for publication, it highlights a very touchy subject–when does conduct many parents engage in rise to the level of physical abuse of a child? The answer may surprise you. Here’s what happened. Gimino took his 2-year-old daughter for a… Read more
State v. Jeremiah R. Connour, 2011AP1489-CR, District 3, 7/31/12 court of appeals decision (not recommended for publication); case activity ¶3 n. 2: Connour’s thirty-eight-page statement of the case includes primarily verbatim Q & A trial testimony, but nonetheless omits relevant evidence necessary to address his postconviction claims. Most of the remainder of Connour’s recitation of the “facts” inappropriately… Read more
State v. John Norman, 2003 WI 72, affirming unpublished decision of court of appeals For Norman: Angela Kachelski Issue/Holding: Norman’s failure on appeal to develop an argument analytically necessary to the issue he raises waives his right to have that issue reviewed. ¶64… Read more
State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64For Noble: Jeff P. Brinckman Issue: Whether failure to cite relevant authority in support of appellate argument establishes waiver. Holding: ¶11 … But Noble cites no authority requiring a tape recording, a transcript, or a signed statement to… Read more
