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
B. Opinions
State v. Brent T. Novy, 2013 WI 23, affirming 2012 WI App 10; case activity Evidence excluded from state’s case-in-chief because of discovery violation is admissible as rebuttal evidence The trial court excluded the state from presenting fingerprint evidence in its case-in-chief because the state failed to properly disclose the evidence under Wis. Stat. §… Read more
State v. James G. Brereton, 2013 WI 17, affirming 2011 WI App 127; case activity Search and seizure of vehicle — attaching GPS tracking device After lawfully stopping Brereton, the police removed him from his car, towed it to a lot, and, after obtaining a warrant, attached a GPS tracking device. The car was returned… Read more
State v. Juan G. Gracia, 2013 WI 15; affirming unpublished court of appeals decision; case activity Warrantless Entry – “community caretaker” exception Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine because the police had an objectively reasonable basis to believe Gracia… Read more
State v. Brian Avery, 2013 WI 13 (Wis. S. Ct. 1/30/13), reversing 2011 WI App 148; case activity The supreme court affirms the trial court’s denial of Brian Avery’s Wis. Stat. § 974.06 motion for a new trial based on newly discovered evidence, concluding there isn’t a reasonable probability a jury would have a reasonable… Read more
Jamerson v. Dep’t of Children and Families, 2013 WI 7 Wisconsin supreme court decision, affirming 2012 WI App 32, 340 Wis. 2d 215, 813 N.W.2d 221 This case is not directly applicable to SPD practice, but it is a useful reminder of the multitudinous collateral consequences that may attend a criminal conviction. Here’s the gist… Read more
State v. Dennis D. Lemoine, 2013 WI 5, affirming unpublished court of appeals decision; case activity Lemoine’s inculpatory statement to the police was voluntary: ¶3 We hold that the admission of Lemoine’s statements at trial was not error because, under the totality of the circumstances, the statements were voluntary. The well-established test for voluntariness balances the… Read more
Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 104 (Justice Gableman); case activity; companion decisions: 2012 WI 103; 2012 WI 69, 2012 WI 43 ¶1 On May 8, 2012, I received a letter from Kevin P. Reak, counsel for Justice David T. Prosser, Jr., filed with the court, requesting that I recuse myself from… Read more
