State v. David A. Myhre, 2014AP376-CR, District 4, 10/23/14 (1-judge decision; ineligible for publication); case activity

Myhre was not in custody for Miranda purposes when he answered questions posed by a DNR warden while sitting in the warden’s truck. Thus, the warden was not required to advise Myhre of his Miranda rights.

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Questions presented:

(1) Whether facial challenges to ordinances and statutes are permitted under the Fourth Amendment; and

(2) Whether a hotel has an expectation of privacy under the Fourth Amendment in a hotel guest registry where the guest-supplied information is mandated by law and an ordinance authorizes the police to inspect the registry, and if so, whether the ordinance is facially unconstitutional under the Fourth Amendment unless it expressly provides for pre-compliance judicial review before the police can inspect the registry.

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Questions presented:

(1) Whether a state court’s rejection of a claim of federal constitutional error on the ground that any error, if one occurred, was harmless beyond a reasonable doubt is an “adjudicat[ion] on the merits” within the meaning of 28 U.S.C. § 2254(d), so that a federal court may set aside the resulting final state conviction only if the defendant can satisfy the restrictive standards imposed by that provision; and

(2) Whether the court of appeals properly applied the standard articulated in Brecht v. Abrahamson, 507 U.S. 619 (1993).

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Tip from ex-wife provided reasonable suspicion for stop

October 22, 2014

State v. David C. Marker, 2014AP1122-CR, District 2, 10/22/14 (1-judge decision; ineligible for publication); case activity Police had reasonable suspicion to stop the vehicle Marker was driving based on a tip from his former wife, who, after an exchange in custody of their children, called police to report her fear that […]

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Tony Henderson v. United States, USSC No. 13-1487, cert. granted 10/20/14

October 21, 2014

Question presented: Does a felony conviction extinguish all of a defendant’s property interests in a firearm, such that he or she may not even arrange for the sale or other transfer of any surrendered or seized firearms to another person because doing so would constitute “constructive” possession and thus violate 18 U.S.C. § 922(g)’s […]

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Other acts evidence was harmless and PTAC amendment during trial was not prejudicial

October 21, 2014

State v. Sean T. Pugh, 2013AP1522-CR, District 3, 10/21/14 (not recommended for publication); case activity If the trial court erred in admitting evidence that Pugh had a prior conviction for an offense similar to the ones he was on trial for, the error was harmless, given the overwhelming evidence against him. In […]

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Initial “stay” of juvenile sex offender reporting requirement wasn’t a permanent stay under § 938.34(16)

October 21, 2014

State v. Jermaine C., 2014AP467, District 1, 10/21/14 (1-judge decision; ineligible for publication); case activity The circuit court’s decision at Jermaine’s disposition hearing to stay the sex offender registration requirement wasn’t a permanent stay of the requirement under § 938.34(16) and State v. Cesar G., 2004 WI 61, 272 Wis. […]

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State v. Jessica M. Weissinger, 2013AP218-CR, and State v. Michael R. Luedtke, 2013AP1737-CR, petitions for review granted 10/15/14

October 20, 2014

Consolidated review of two published court of appeals decisions: State v. Weissinger, 2014 WI App 73 (case activity); and State v. Luedtke, 2014 WI App 79 (case activity) Issues (composed by On Point) In light of State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, does the Wisconsin Constitution provide […]

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Suicide threat justifies “community caretaker” stop of vehicle

October 17, 2014

Dane County v. Joshua H. Quisling, 2013AP2743, 10/16/14, District 4, (1-judge decision, ineligible for publication); case activity Applying the “community caretaker” doctrine, the court of appeals held that a police officer was justified in stopping Quisling’s car based upon an informant’s tip that he was suicidal.  Evidence obtained after the […]

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Trial counsel’s failure to object to jury instruction deprives appellant of right to challenge sufficiency of evidence

October 16, 2014

State v. Addison F. Steiner, 2013AP2629-CR, district 4, 10/16/14 (not recommended for publication); case activity This case raises an issue that even the court of appeals deemed to be of first impression. Does §948.20, which criminalizes abandonment of a child, require an intent to abandon a child permanently, or is leaving a child […]

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