State v. Courtney C. Beamon, 2013 WI 47, on review of published court of appeals decision; case activity; majority opinion by Justice Roggensack Beamon was tried for fleeing an officer under § 346.04(3), which requires proof that the person knowingly fled or attempted to elude an officer in one of three ways: 1) by willful or… Read more
2012-13 Term
State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity ¶9 The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period… Read more
Jonathan Edward Boyer v. Louisiana, USSC 11-9953, 4/29/13 United States Supreme Court order and opinions, dismissing, as improvidently granted, the writ of certiorari to review State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011). As explained in our post on the grant of certiorari, the issue was whether and how the state’s failure… Read more
State v. Gerald D. Taylor, 2013 WI 34, on review of court of appeals certification; case activity In a split decision, the supreme court holds that a defendant is not entitled to an evidentiary hearing under the long-established procedure established by State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), even though the… Read more
State v. Taylor continues what the supreme court began in State v. Cross, 2010 WI 70, 326 Wis. 2d 492, 786 N.W.2d 64: Dismantling by implication the well-established Bangert procedures and creating new ways for trial courts to avoid evidentiary hearings on plea withdrawal motions. Taylor’s motion clearly established enough to get an evidentiary hearing under Bangert. (¶75). So why didn’t… Read more
State v. Matthew A. Lonkoski, 2013 WI 30, affirming unpublished court of appeals decision; case activity About 30 minutes into being questioned by police about the death of his daughter, Matthew Lonkoski said he wanted a lawyer. (¶12). Under Edwards v. Arizona, 451 U.S. 477 (1981), the invocation of the right to counsel would mean the police… Read more
In the Matter of State v. Michael Buchanan: State ex rel. Office of State Public Defender v. Wis. Court of Appeals, District IV, 2013 WI 31, on review of petition for supervisory writ; case activity In an important decision for all lawyers who handle criminal cases in the state appellate courts, the supreme court affirms… Read more
Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity ¶3 We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional… Read more
