Review of an unpublished per curiam court of appeals decision; affirmed 2016 WI 10; case activity (including briefs) Issue (composed by On Point) Was a warrantless blood draw of a person suspected of having ingested heroin justified because, at the time of the search, State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), held… Read more
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Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point) Did the evidence presented at Smith’s postconviction hearing establish reason to doubt that Smith was competent at the time of his trial and sentencing under the standard for retrospective determinations of competency established by State v. Johnson, 133 Wis… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point): Did the community caretaker rule authorize police to conduct a “protective sweep” of a home even though the person who needed assistance had already been identified and transported to a hospital for treatment? This case doesn’t appear to… Read more
Review of an unpublished court of appeals decision; case activity Issue (composed by On Point): Do §§ 48.415(2)(a)1. and 48.356(2) require the final CHIPS order filed before a TPR petition warn the parent about grounds for termination and the conditions for return or the child, or is it sufficient that the parent was given “adequate notice”… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point) Should State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993), and State v. Green, 2002 WI 68, 253 Wis. 2d 536, 646 N.W.2d 298, be overruled? If the Shiffra/Green rule is not discarded, should… Read more
Review of a court of appeals summary disposition; case activity Issue (composed by On Point) May a defendant seek to withdraw his guilty plea by claiming that his trial lawyer was ineffective for failing to advise him that, as a consequence of his plea, he could be subject to lifetime commitment as a sexually violent person under… Read more
Review of a published decision of the court of appeals; case activity (including briefs) Issue (composed by On Point) Did the police violate the Fourth Amendment by entering the parking garage of an apartment complex without a warrant and without the consent of a resident of the complex? As explained in greater detail in our post… Read more
Review of an unpublished per curiam court of appeals decision; case activity Issue (composed by On Point) Can a police officer’s reasonable mistake of law give rise to reasonable suspicion or probable cause necessary to uphold a seizure under article I, §11 of the Wisconsin constitution? Police stopped Houghton’s car for two reasons: It lacked a front license plate; and the driver’s… Read more
