State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs) Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault to anyone until she was 10 years old. Nichols’s postconviction motion alleged that the state had failed… Read more
K. Standards of Review
Review of an unpublished court of appeals decision; affirmed 4/10/18, case activity (including briefs) Issues (composed by On Point) Whether the safe transport statute, which permits transporting a handgun in a vehicle, forecloses convicting a non-permit-holder under the concealed carry law for having a handgun in his vehicle. Whether the safe transport statute’s apparent contradiction of the… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issues (composed by On Point) Was trial counsel ineffective for failing to move to dismiss on First Amendment free speech grounds a disorderly charge that was based on Breitzman’s use of foul language toward her son inside their home? Did the court of appeals… Read more
State v. Robert Mario Wheeler, 2016AP55-CR, 2/21/2017, District 1 (not recommended for publication); case activity (including briefs) Robert Wheeler was tried for reckless injury and being a felon in possession of a gun arising out of a single shooting incident. To keep the jury from hearing about his status as a felon, the parties stipulated that… Read more
Waukesha County v. Kimberly A. Ridl, 2016AP554, 2/15/17, District 2 (1-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects an OWI defendant’s claim that the circuit court could did not have sufficient evidence of her impairment because the judge (it was a bench trial) was unqualified to conclude that her… Read more
State v. Joshua D. Winberg, 2016AP108-CR, District 3, 1/10/17 (one-judge decision; ineligible for publication); case activity (including briefs) The police had reasonable suspicion to extend a traffic stop to investigate whether the driver was operating under the influence. Winberg can’t win for losing, it seems. He was stopped after an officer ran a registration check on the vehicle… Read more
E.C. v. Susan Krueger, 2015AP2196, 12/13/16, District 1 (not recommended for publication); case activity E.C., an elderly woman with Alzheimer’s, planned for her future while she was still competent. She named her son, G.C., as her power of attorney for finances and health care. After she became incompetent, her family began fighting about her care… Read more
State v. Isiah O. Smith, 2015AP1645-CR, 11/15/16, District 1 (not recommended for publication); case activity (including briefs) Two guys walk into an apartment complex and leave a short time later. One carried a gun and a cell phone; the other a cell phone. They got into a car belonging to a friend of the guy… Read more
