On review of a published court of appeals decision in Kempainen (case activity) and a per curiam decision in Hurley (case activity)

Issues (adapted from the State’s  PFR in Hurley):

Did the amended complaint charging repeated sexual assault of a child, which alleged that Hurley assaulted his stepdaughter at least 26 times over a five or six-year charging period, satisfy Hurley’s due process right to prepare a defense?

Did the circuit court properly exercise its discretion in admitting “other acts” evidence that Hurley repeatedly assaulted his sister when she was 10 and he was 14 in view of the greater latitude shown “other crimes” evidence in child sexual assault cases?

Did the circuit court err in ordering a new trial due to the prosecutor’s unobjected-to remark in closing argument about Hurley’s failure in his trial testimony to make a strong denial of his sister’s allegations?

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On review of a published court of appeals decision; case activity

Issue (adapted from Daniel’s PFR):

1. Under Wisconsin law, should the defendant bear the burden of proving incompetency?  If so, is it by clear and convincing evidence or by a preponderance of the evidence?

2. When postconviction counsel questions the defendant’s competency, but the defendant insists that he is competent, what procedures should the circuit court employ?

3. What standard of review should an appellate court apply to a circuit court’s determination of a defendant’s competency to participate in postconviction proceedings?

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On review of an unpublished, one-judge court of appeals decision; case activity

Issues (composed by On Point):

Whether the trial court was clearly wrong in finding that Cecil had not failed to assume parental responsibility for his infant son?

Whether a parent’s expression of interest in his child equates to having a “substantial relationship” with the child?

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Court of appeals sidesteps constitutionality of “community caretaker preliminary breath test” and decides McNeely issue before SCOW

September 18, 2014

State v. Walter J. Kugler, 2014AP220, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity Kugler challenged his first OWI conviction by arguing that the state trooper who stopped him did not have the requisite probable cause and improperly requested, as a community caretaker, that he submit to a […]

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Prison guard cries over spilled milk; defendant loses IAC claim

September 18, 2014

State v. Travanti D. Schmidt, 2014AP718-CR, District 4, 9/18/14 (one-judge opinion, ineligible for publication); case activity And we do mean “spilled milk.” A jury convicted Schmidt, an inmate, of disoderly conduct for spilling milk on a prison guard. Defense counsel did not object to the admission of a videotape showing the incident […]

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Analysis of blood drawn without warrant before–but tested after–McNeely held admissible

September 18, 2014

State v. Andrew J. Kuster, 2014AP109-CR, District 2, 9/17/14 (one-judge opinion, ineligible for publication); case activity This seemingly run-of-the-mill OWI appeal has an interesting little wrinkle.  The police conducted a warrantless blood draw on Kuster before SCOTUS decided Missouri v. McNeely, 569 U.S.__, 133 S.Ct. 1552 (2013), but they didn’t […]

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Prison visitor subjected to custodial interrogation in violation of Miranda, but physical evidence not suppressed

September 17, 2014

State v. Marie A. Ezell, 2013AP2178-CR, District 2, 9/17/14 (recommended for publication); case actvity Prison guards overheard Ezell tell her incarcerated boyfriend that she would smuggle in drugs for him on her next visit. When she tried to follow through, the guards detained her in a conference room, questioned her, […]

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Court of appeals affirms default judgment against parent in TPR proceeding

September 17, 2014

State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity This case is noteworthy in 2 respects.  First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes.  And, second, […]

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Ch. 48 does not require transfer of child custody to a relative after parental rights are terminated

September 17, 2014

State v. Jevon S.  Appeal Nos. 2014AP1426 & 2014AP1427; State v. Latoya M., Appeal Nos. 2014AP1424 & 2014AP1425, District 1, 9/16/14 (one-judge opinions, ineligible for publication); (case activity for Jevon S.; case activity for Latoya M.) Jevon S. and Latoya M. appealed orders terminating their parental rights. Neither contested the grounds […]

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Court scolds State for shoddy advocacy, holds alleged “stop” was actually an arrest without probable cause

September 17, 2014

State v. Thomas J. Anker, 2014AP353-CR, District 3, 9/16/14, (recommended for publication) case activity If a conservation warden shouted “you’re under arrest,” ordered you to stop walking, forcibly handcuffed you, and restrained you in his car until he could turn you over to investigating authorities, would you think you were […]

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