State v. Ronald W. Lichty, 2012 WI App 129(recommended for publication); case activity Lichty pleaded no contest pursuant to plea bargain which allowed, due to a good-faith mistake, the State to recommend a period of extended supervision that exceeded the permissible maximum by one year. The error was discerned prior to sentencing, where the State reduced its… Read more
Published 2012
Godfrey & Kahn, S.C. v. Circuit Court for Milwaukee County, 2012 WI App 120(recommended for publication); case activity A court doesn’t possess inherent authority to impose on counsel a sanction (here, monetary) for pre-litigation advice, that is, conduct occurring before the court’s jurisdiction was invoked: ¶3 We conclude that the record, particularly the trial court’s own… Read more
Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had… Read more
State v. Robert M. Schmitt, 2012 WI App 121 (recommended for publication); case activity Although “the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action,” ¶1, an authentication defect attributable to a clerk’s error is merely technical and doesn’t impair jurisdiction. ¶4 In Schmitt’s case, the… Read more
State v. Jose O. Gonzalez-Villarreal, 2012 WI App 110 (recommended for publication); case activity Counsel (Michael J. Knoeller) was present while the police interrogated, and elicited incriminating responses from, his client, Gonzalez-Villarreal. G-V didn’t speak English, and Knoeller doubled as interpreter. The state issued charges, and Knoeller continued to represent G-V. However, the state moved… Read more
State v. Christopher J. Felton, 2012 WI App 114 (recommended for publication); case activity Search & Seizure – PBT – Probable Cause Notwithstanding that Felton passed field sobriety tests, probable cause existed to administer a preliminary breath test. ¶8 This section does not require that the officer have probable cause to arrest a driver for drunk… Read more
State v. Carl Rissley, 2012 WI App 112 (recommended for publication); case activity Reasonable suspicion supported Terry stop to investigate possible crime. Homeowner called police to report early-morning confrontation with possible trespasser, who then took flight in van at high rate of speed, and officer stopped vehicle matching description within five minutes of report: ¶13 All of this… Read more
Chintan V. Patel v. State of Wisconsin, 2012 WI App 117 (recommended for publication); case activity ¶12 In this appeal, we are asked to determine whether the trial court erred in denying Patel’s writ of coram nobis. The writ of coram nobis is a discretionary writ of “very limited scope” that is “addressed to the trial court.” Jessen v. State, 95… Read more
