Walworth County DH&HS v. Roberta J.W., 2013 WI App 102; consolidated case activity: 2012AP2387; 2012AP2388 The County petitioned to terminate Roberta’s parental rights in 2007 on the grounds her children were in continuing need of protection and services. After a jury trial and dispositional hearing her rights were terminated, but on appeal the termination order was… Read more
11. Defense Wins
State v. Zachary P. Stuckey, 2013 WI App 98; case activty The court of appeals concludes that the prohibition in § 948.10 against exposing genitals to a child is a “variable obscenity” statute, and to avoid unconstitutional application it must be read to require proof the defendant knew he was exposing himself to someone under the age… Read more
State v. Tramell Starks, 2013 WI 69, affirming an unpublished court of appeals decision, case activity. Majority opinion by Justice Gableman, with a dissent by Justice Bradley and joined by Chief Justice Abrahamson and Justice Crooks On Point is pleased to present this guest post by Attorney Rob Henak, an expert on Wis. Stat. § 974.06… Read more
State v. Andrew M. Edler, 2013 WI 73, on certification of the court of appeals; majority opinion by Justice Crooks; case activity Maryland v. Shatzer, 559 U.S. 98 (2010), allows police to reinitiate interrogation of a defendant who invoked his right to counsel if the defendant has been released from custody for at least 14… Read more
Outagamie County v. Melanie L., 2013 WI 67, reversing unpublished court of appeals decision; majority opinion by Justice Prosser; case activity In an important case for lawyers handling ch. 51 cases, the supreme court concludes there was insufficient evidence to prove a person subject to a commitment order was incompetent to refuse medication. Along the… Read more
State v. Samuel Curtis Johnson, III, 2013 WI 59 (per curiam), affirming, as modified, an unpublished court of appeals opinion; reconsideration granted, 2014 WI 16 (per curiam); Justices Prosser and Gableman not participating; case activity (Note: On July 22, 2013, both Johnson and the state filed motions for reconsideration of the court’s original decision; the motions were decided… Read more
McQuiggin v. Floyd Perkins, USSC No. 12-126, 5/28/13 United States Supreme Court decision, vacating and remanding Perkins v. McQuiggin, 670 F.3d 665 (6th Cir. 2012) In Schlup v. Delo, 513 U. S. 298 (1995), and House v. Bell, 547 U. S. 518 (2006), the Court held that a convincing showing of “actual innocence” enabled habeas… Read more
Carlos Trevino v. Thaler, USSC No. 11-10189, 5/28/13 United States Supreme Court decision, vacating and remanding 449 Fed. Appx. 145 (5th Cir. Nov. 14, 2011) Last term in Martinez v. Ryan, 132 S. Ct. 1309 (2012), a case arising out of Arizona, the Court held that where a state’s rules of appellate procedure allowed a state… Read more
