State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: In order to trigger read-in procedure there must be a sufficient showing of an agreement to read in the offense at issue: ¶28 Nowhere in the transcript of the plea hearing, the transcript… Read more
2006-07 Term
State v. Edward Bannister, 2007 WI 86, 302 Wis. 2d 158, 734 N.W.2d 892, reversing 2006 WI App 136 Issue/Holding: Bannister’s confession to giving morphine to someone who died from an overdose of the substance was sufficiently corroborated to support his his conviction: ¶ 22 We first address whether the State satisfied the corroboration rule during the course of… Read more
State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion For Muckerheide: Mark S. Rosen Issue/Holding: ¶38 We agree with the State’s assertion that cases from other jurisdictions are not binding on Wisconsin courts. State ex rel. E.R. v. Flynn, 88 Wis. 2d 37, 46, 276 N.W.2d 313 (Ct. App. 1979). We recognize that such case law… Read more
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order was based on her default for failing to personally appear at the fact-finding hearing. Holding: ¶27 We… Read more
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order did not state the explicit § 48.415 ground relied on. Holding: ¶2 We conclude that Wis. Stat… Read more
State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals. Issue/Holding: ¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental… Read more
State v. Thomas S. Mayo, 2007 WI 78, affirming unpublished opinion For Mayo: Keith A. Findley, UW Law School Issue/Holding: ¶46 We agree with Mayo’s position, and the State’s concession at oral argument, that the prosecutor’s remarks on Mayo’s pre-Miranda silence, and the testimony she elicited in that regard, during the State’s opening statement and case-in-chief, violated Mayo’s… Read more
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶14 … The State concedes before this court, as it did in the court of appeals, that Johnson did not freely consent to the search of his vehicle. [4] … [4] The dissent faults… Read more
