on petition for review of unpublished decision; for Stevens: Paul G. LaZotte, SPD, Madison Appellate; case activity Issues (provided by court): If a suspect in custody initiates communication with the police after previously invoking his Miranda right to consult with an attorney but has yet to again waive his Miranda rights, do the police violate… Read more
K. Standards of Review
State v. Henry W., 2011AP693, District 1, 6/7/11 court of appeals decision (1-judge, not for publication); for Henry W.: Jane S. Earle; case activity Testimony of a “bonding expert” as to how the child’s view of her father would make it difficult for him to meet conditions of return, was relevant and admissible in the… Read more
7th circuit court of appeals decision Retroactive Application of Case Law, on Collateral Review Narvaez’s federal ACCA enhancement, imposed in 2003, is now unsupportable in light of subsequently-decided Supreme Court authority (Begay v. U.S.; Chambers v. U.S.). He may therefore seek relief against the sentencing enhancement via 28 U.S.C. § 2255: the case law development worked… Read more
State v. Jimmie C. Grayer, 2010AP1749-CR, District 1, 6/1/11 court of appeals decision (not recommended for publication); for Grayer: Bridget E. Boyle; case activity Postconviction denial of ineffective assistance of counsel challenge without Machner hearing upheld. 1. Although counsel performed deficiently by inaccurately telling the jury in his opening statement that Grayer’s in-custody had not been recorded by the… Read more
State v. Dustin M. Przybylski, 2011AP1-CR, District 2, 6/1/11 court of appeals decision (1-judge, not for publication); for Przybylski: Michael S. Holzman; case activity OWI sentence consecutive to unrelated 15-year sentence upheld, despite joint recommendations of concurrent time, against argument it was fashioned mechanistically rather than as exercise of discretion, State v. Martin, 100 Wis. 2d 326, 302 N.W.2d 58 (Ct. App… Read more
State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter (such as, “Why does mama have to go to jail for what my daddy… Read more
On Point is very pleased to publish this guest post by Attorney Michael B. Brennan, currently practicing with Gass Weber Mullins LLC, and formerly a Milwaukee County Circuit Court judge. Mr. Brennan offers his thoughts on the fractured decision of the supreme court in State v. Forbush, 2011 WI 25. On Point invites readers to… 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
