State v. Travis Joe Brimer, Jr., 2010 WI App 57; for Brimer: Lora B. Cerone, SPD, Madison Appellate; Resp. Br.; Reply Br. “The right against self-incrimination only applies at criminal proceedings or “other proceeding … where the answers might incriminate [the defendant] in future criminal proceedings.” Allen v. Illinois, 478 U.S. 364, 368 (1986) (citations omitted),” ¶7. Because a reconfinement hearing… Read more
Published 2010
State v. Dionny L. Reynolds, 2010 WI App 56; for Reynolds: Russell D. Bohach; BiC; Resp. Br. Statement voluntary, following multiple interviews while in custody on unrelated offense: ¶45 Balancing Reynolds’ personal characteristics against the totality of the police detectives’ conduct, we note, first and foremost, that Reynolds voluntarily waived his Miranda rights before making his incriminating statement. Generally speaking… Read more
State v. Thomas H.L. Barfell, 2010 WI App 61; for Barfell: Roberta A. Heckes; BiC; Resp. Br.; Reply Br.; App. Supp. Br.; Resp. Supp. Br. Sentencing – Guidelines, General Purpose ¶7 While Barfell is correct that he “has a due process right ‘to be sentenced on the basis of true and correct information’ pertaining to ‘the offense and the circumstances of its… Read more
S.C. Johnson v. Milton E. Morris, 2010 WI App 6, PFR filed 12/30/09 Issue/Holding: ¶5 n. 1: We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v… Read more
S.C. Johnson v. Milton E. Morris, 2010 WI App 6, PFR filed 12/30/09 Issue/Holding: ¶5 n. 1: Justice Robert Hansen once wrote the now familiar phrase that “[a]n appellate court is not a performing bear, required to dance to each and every tune played on an appeal.” State v. Waste Mgmt. of Wis., Inc., 81… Read more
Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14 Issue/Holding: ¶13 The circuit court reversed the Housing Authority’s denial of rent assistance because it concluded that, under Gehin v. Wisconsin Group Insurance Board, 2005 WI 16, 278 Wis. 2d 111, 692 N.W.2d 572, the Housing Authority could not base its decision… Read more
State v. Sameeh J. Pickens, 2010 WI App 5, reconsideration denied 1/20 For Pickens: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: A temporary detention is narrowly circumscribed, in terms of duration and intensity, by the least intrusive means necessary to dispel suspicion¸¶27. Thus, in the absence of any reason to believe weapons were present, use of handcuffs… Read more
State v. Christopher J. Lesik, 2010 WI App 12, PFR filed For Lesik: Anthony Cotton Issue/Holding: Sexual assault (intercourse) of a child, § 948.02, isn’t unconstitutionally overbroad, against a theory that it criminalizes acts undertaken for “proper medical purpose.” Although the statute is silent with respect to medical conduct, potential overbreadth may be cured through judicial construction… Read more
