Racine County v. Latanya D.K., 2013 WI App 28; case activity TPR – Waiver of jury trial need not be part of admission colloquy ¶2 Latanya’s major arguments raise an important question: Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s… Read more
Published 2013
Appling v. Doyle, 2013 WI App 3, petition for review granted 6/12/13, sub. nom. Appling v. Walker; case activity Wisconsin’s domestic partnership law upheld against challenge it violates 2006 “marriage amendment” to the state constitution (art. XIII, § 13), declaring that the only marriage recognized in Wisconsin is one “between one man and one woman” and… Read more
State v. Melvin Pugh, 2013 WI App 12; case activity Two officers on patrol saw Pugh near two cars parked next to a vacant, boarded-up building posted with a “no parking” sign. This caused the officers to question Pugh—legitimately—about his possible illegal parking, but during that questioning the police also started asking about a nearby… Read more
State v. Mark A. Sanders, 2013 WI App 4; case activity Search incident to arrest — area within arrestee’s “immediate control” Search of bed in room from which defendant emerged just before being arrested upheld under Chimel v. California, 395 U.S. 752 (1969), which permits an arresting officer to search the person arrested and the… Read more
State v. Joseph J. Wilcenski, 2013 WI App 21; case activity Conditions of pre-trial release – alcohol treatment and testing; constitutionality Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they… Read more
State v. Antonio D. Brown, 2013 WI App 17, petition for review granted 10/15/13; case activity Police lacked probable cause to stop Brown for a defective tail lamp, § 347.13, based on one unlit bulb (out of four) in the tail lamp assembly: ¶19 The parties agree with the circuit court’s finding that the police… Read more
