State v. Joshua D. Conger, 2010 WI 56, on certification; for Conger: Anthony L. O’Malley; Brief (State); Brief (Conger); Brief (Judge Grimm); Reply (Conger); Amicus (Prosecution Project, UW) Plea Bargain – Rejection A circuit court has post-arraignment authority to reject a proposed plea bargain that would result in amendment to the charge; State v. Kenyon… Read more
K. Standards of Review
State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10 court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply Appellate Review – Implicit Findings ¶30 The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as… Read more
court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply Traffic Stop – Reasonable Suspicion ¶16 Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion… Read more
court of appeals decision, affirmed 2011 WI 6; for Brenda: Leonard D. Kachinsky TPR – Plea to Grounds In taking a plea to TPR grounds, the court need not inform the parent of “sub-dispositions,” i.e., those which “pertain only to the effect on the child, addressing who will have guardianship and custody in the event… Read more
U.S. v. Marcus, USSC No. 08-1341, 5/24/10 … (A)n appellate court may,in its discretion, correct an error not raised at trial only where the appellant demonstrates that (1) there is an “error”; (2) the error is “clear or obvious, rather than subject to reasonable dispute”; (3) the error “affected the appellant’s substantial rights, which in… Read more
supreme court decision; BiC; Resp.; Reply Court of Appeals Authority to Declare Dicta ¶57 By concluding that a statement in a supreme court opinion is dictum, the court of appeals necessarily withdraws or modifies language from that opinion, contrary to our directive in Cook. … ¶58 If the court of appeals could dismiss a statement in… Read more
court of appeals decision; ror Lewis: John T. Wasielewski; Resp. Br.; Reply Br. Appellate Procedure – Standard of Review: Government Informant ¶16 Our discussion must begin, as it almost always does, with the standard of review. In deciding whether a person is a government informant or agent for purposes of this Sixth Amendment analysis, the… Read more
court of appeals decision (3-judge; not recommended for publication); for Evans: George Tauscheck; BiC: Resp.; Reply Testimony from 4 (of a total of 9) false imprisonment victims wasn’t necessary to sustain the convictions on those counts: … (A) reasonable jury could have determined beyond a reasonable doubt from circumstantial evidence that Nathan B., Nicholas B… Read more
