State v. Jason E. Goss, 2011 WI 104, affirming court of appeals summary order; for Goss: Daniel J. Chapman; case activity ¶2 We are asked to determine whether the officer’s request for the PBT breath sample was made in violation of Wis. Stat. § 343.303, which states that an officer “may request” a PBT breath sample “[i]f a law… Read more
B. Opinions
State v. David W. Domke, 2011 WI 95, reversing unpublished decision; for Domke: Martha K. Askins, SPD, Madison Appellate; case activity Although Domke establishes deficient performance in several different respects, he fails to satisfy his burden of showing prejudice. Failure to object to hearsay testimony / medical treatment and diagnosis exception inapplicable to counselors and… Read more
In the Matter of Sanctions in: State v. Gregory K. Nielsen, 2011 WI 94, remanding sanctions order; for State Public Defender: Joseph N. Ehmann; case activity; subsequent history: sanction re-imposed on remand Monetary sanction summarily ordered by court of appeals against appellate counsel for allegedly violating appendix-content rule reversed, with following “suggestion” for procedure to be followed in… Read more
State v. Edwin Clarence West, 2011 WI 83, affirming unpublished opinion; for West: Ellen Henak, SPD, Milwaukee Appellate; case activity [Companion case: State v. Nordberg, 2011 WI 84 (same result, controlled by West).] Someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release… Read more
State v. David J. Balliette, 2011 WI 79, reversing unpublished decision; for Balliette: Steven D. Grunder, SPD, Madison Appellate; case activity Balliette’s pro se § 974.06 motion, asserting ineffective assistance of postconviction counsel for failing to raise ineffective assistance of trial counsel on direct appeal, was insufficiently pleaded to require an evidentiary hearing. Unless you’re an appellate… Read more
State v. Gregg B. Kandutsch, 2011 WI 78, affirming unpublished decision; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Computer-Generated Report (Electronic Monitoring Device) – Foundation Expert testimony isn’t necessary to lay a foundation for admissibility for a computer-generated EMD report: ¶28 Closing down a trial is not to be taken lightly, which is why the requirement… Read more
Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5 We conclude: … (2) A circuit court does not… Read more
State v. Olu A. Rhodes, 2011 WI 73, reversing unpublished COA decision; for Rhodes: John J. Grau; case activity Although the State’s theory of motive was that Rhodes intentionally shot and killed the victim in retaliation for beating Rhodes’ sister the day before, the trial court reasonably precluded cross-examination of the sister on a prior instance… Read more
