State v. Paschall Lee Sanders, 2011 WI App 125 (recommended for publication); for Sanders: Ellen Henak, SPD, Milwaukee Appellate; case activity The definitions of “mental disorder” in since-amended pattern instruction Wis JI—Criminal 2502 (2009), though concededly contradictory, didn’t prevent from being tried the issue of whether Sanders qualified for commitment as a sexually violent person: ¶14 As we… Read more
Published 2011
State v. Orbin B. Harris, 2011 WI App 130 (recommended for publication); for Harris: Matthew S. Pinix; case activity Good-time credit may not be earned on a jail sentence for a violent offense being served in prison: ¶1 Orbin B. Harris appeals the judgment convicting him of battery and intimidation and the… Read more
DOC v. Warren Lilly, Jr., 2011 WI App 123 (recommended for publication); case activity ¶2 The primary issues we address on this appeal and their resolution are as follows: I. In light of Saenz, what is the correct legal standard for the showing DOC must make to obtain a court order continuing to authorize the forced feeding of… Read more
State v. James G. Brereton, 2011 WI App 127 (recommended for publication); for Brereton: Matthew S. Pinix; case activity After lawfully stopping Brereton, the police removed him from his car, towed it to a lot and then, after obtaining a warrant, attached a GPS tracking device. Ensuing monitoring led to information connecting Brereton to a… Read more
State v. Andrew C. Holder, 2011 WI App 116 (recommended for publication); for Holder: Edward D. Burke, Jr.; case activity Although the penalty enhancement scheme generally allows increased penalty for each prior OWI conviction, § 346.65(2)(am)5. provides that “convictions arising out of the same incident or occurrence shall be counted as one.” Nonetheless, Burke’s driving under the influence across the Michigan… Read more
State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a… Read more
State v. Charles M. Ermers, Jr., 2011 WI App 113 (recommended for publication); for Ermers: Steven D. Phillips, SPD, Madison Appellate; case activity A ch. 980 discharge hearing requires that the petitioner allege “facts from which the court or jury may conclude the person’s condition has changed since the date of his or her initial… Read more
State v. Alan Adin Randall, 2011 WI App 102 (recommended for publication); for Randall: Brian Kinstler, Craig S. Powell; case activity; prior history: State v. Randall, 192 Wis. 2d 800, 532 N.W.2d 94 (1995) (“Randall I”); State v. Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998) (“Randall II”) Petition for (NGI) Conditional Release, §… Read more
