Susan Foley-Ciccantelli v. Bishop’s Grove Condominium Association, Inc., 2011 WI 36, on certification; case activity Standing – Generally Lead opinion (3-Justice): ¶5 There is no single longstanding or uniform test to determine standing in the case law. Courts have inconsistently used a variety of terminologies as tests for standing. Therefore, as a prerequisite to answering… Read more
B. Opinions
State v. Omer Ninham, 2011 WI 33, affirming, 2009 WI App 64; for Ninham: Frank M. Tuerkheimer, Bryan Stevenson; amici: Byron C. Lichstein, Robert R. Henak, G. Michael Halfenger, et al.; case activity Sentencing – Life without Parole for Juveniles – Cruel and Unusual Punishment Sentence of life without parole imposed on juvenile (Ninham was… Read more
Tammy W-G. v. Jacob T., 2011 WI 30, on certification; for Jacob T.: Eileen A. Hirsch, SPD, Madison Appellate; case activity TPR – Grounds, § 48.415(6) – “Substantial Parental Relationship” ¶22 The language of Wis. Stat. § 48.415(6), specifically the underscored language, indicates that under § 48.415(6), a fact-finder must look to the totality-of-the-circumstances to determine if a parent… Read more
State v. Donovan M. Burris, 2011 WI 32, reversing unpublished decision; for Burris: Byron C. Lichstein; case activity Utter Disregard for Life – After-the-Fact Conduct ¶7 We conclude that, in an utter disregard analysis, a defendant’s conduct is not, as a matter of law, assigned more or less weight whether the conduct occurred before, during, or… Read more
State v. Shantell T. Harbor, 2011 WI 28, affirming unpublished decision; for Harbor: Joseph E. Redding; case activity Sentence Modification – New Factor The “new factor” test for sentence modification has split into “two divergent lines of cases”: Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975) (fact(s) highly relevant to, but not brought out at, sentencing… Read more
State v. Marvin L. Beauchamp, 2011 WI 27, affirming 2010 WI App 42; for Beauchamp: Craig S. Powell; case activity Confrontation – Dying Declaration, § 908.045(3) ¶34 We therefore, like every state court that has considered the dying declaration exception since Crawford, take a position consistent with the language of Crawford and Giles and decline… Read more
State v. Brad E. Forbush, 2011 WI 25, reversing 2010 WI App 11; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee; amicus: Colleen D. Ball, SPD, Milwaukee Appellate; case activity Forbush’s 6th amendment right to counsel had already attached – because a criminal complaint had been filed – and he had retained counsel before officers began interrogating him on… Read more
State v. Alan Keith Burns, 2011 WI 22, affirming unpublished decision; for Burns: David R. Karpe; case activity The court rejects Burns’s claim for a new trial in the interest of justice premised on three grounds: 1. Burns was unable to cross-examine the complainant on her implication that he took her virginity; 2. evidence of prior sexual assaults of the complainant… Read more
